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NORTH CAROLINA 

REGISTER 



VOLUME 11 • ISSUE 16 • Pages 1263 - 1331 
November 15, 1996 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



IN THIS ISSUE 

Tax Review Board 

Voting Rights Letters 

Administrative Hearings 

Environment, Health, and Natural Resources 

General Contractors 

Human Resources 

Justice 

Soil Scientists, Licensing of 

Transportation 

List of Rules Codified 

Rules Review Commission 

Contested Case Decisions 




This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 




Volume 1 1 , Issue 1 6 
Pages 1263 - 1331 



November 15,1 996 



This issue contains documents officially 
filed through October 24, 1996. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



IN THIS ISSUE 



I. IN ADDITION 

Tax Review Board 1266- 1267 

Voting Rights Letters 1263- 1265 

II. RULE-MAKING PROCEEDINGS 

Environment, Health, and Natural Resources 

Health Services 1269- 1270 

Wildlife Resources Commission 1269 

Human Resources 

Medical Assistance 1268 

Medical Care Commission 1268 

Justice 
Private Protective Services Board 1268- 1269 

III. PROPOSED RULES 

Environment, Health, and Natural Resources 

Environmental Management ............. 1271 - 1287 

IV. TEMPORARY RULES 
Human Resources 

Social Services Commission . 1288- 1290 

V. APPROVED RULES 1291 - 1308 

Administrative Hearings 

Hearings Division 
Environment, Health, and Natural Resources 

Health Services 

Wildlife Resources 
Human Resources 

Facility Services 

Social Services 
Licensing Boards 

General Contractors 

Soil Scientists, Licensing of 
Transportation 

Motor Vehicles, Division of 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



VI. LIST OF RULES CODIFIED 1309-1312 

VII. RULES REVIEW COMMISSION . 1313-1319 

VIII. CONTESTED CASE DECISIONS 

Index to ALI Decisions 1320-1330 

IX. CUMULATIVE INDEX 1-35 



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IN ADDITION 



U.S. Department of Justice 
Civil Rights Division 



DLP:GS:TGL:jdp Voting Section 

DJ 166-012-3 P 0. Box 66128 

96 -3 208 Washington, D. C. 20035-6128 



September 30. 1996 



Susan K. Nichols, Esq. 

Special Deputy Attorney General 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 



Dear Ms. Nichols: 



This refers to the following acts of the State of North Carolina adopted in 1996: Chapter 553, which provides a date 
change for canvassing primaries and elections; Chapter 554. which allows poll workers to serve less than a full day; Chapter 
561, which allows for absentee voting for a religious holiday; Chapter 593, which relates to campaign finance; Chapter 608. 
which continues the Employment Security Commission as a voter registration site designated pursuant to the National Voter 
Registration Act of 1993 (NVRA), 42 U.S.C. 1973gg to 1973gg-10; Chapter 688, which eliminates the requirement that poll 
observers designated by political party chairs be residents of the particular voting precinct and amends procedures regarding 
access to voter registration data; Chapter 694, which amends procedures regarding election challenges; and Chapter 734, 
which authorizes the appointment of poll workers outside of their precinct of residence, submitted to the Attorney General 
pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on July 31, 1996; 
supplemental information was received on September 25, 1996. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). In this regard, the 
granting of Section 5 preclearance with regard to Chapter 608 (1996) does not preclude the Attorney General or private 
individuals from filing a civil action pursuant to Section 11 of the NVRA. 42 U.S.C. 1973gg-9. 

Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 

By: 

Elizabeth Johnson 
Chief, Voting Section 



11:16 NORTH CAROLINA REGISTER November 15, 1996 1263 



IN ADDITION 



U.S. Department of Justice 
Civil Rights Division 



DLP:RAK:JBG:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

96-3810 Washington, D.C. 20035-6128 



October 1, 1996 



Susan K. Nichols, Esq. 

Special Deputy Attorney General 

P. O. Box 629 

Raleigh, North Carolina 27602-0629 



Dear Ms. Nichols: 



This refers to Act 9 (1996), which changes the method of electing superior court judges, including the adoption of 
nonpartisan elections, district-wide general elections, the resolution of tied elections by lot, procedures for filling vacancies, 
the terms to which candidates are elected for certain types of vacancies and the implementation schedule therefor in the State 
of North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act 42 U.S.C. 1973c. We 
received your submission on September 20, 1996; supplemental information was received on September 20, 23, 27 and 30, 
1996, and on October 1, 1996. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. In addition, as authorized by Section 5. we reserve the right to reexamine this submission if 
additional information that would otherwise require an objection comes to our attention during the remainder of the sixty-day 
review period. See the Procedures for the Administration of Section 5, (28 C.F.R. 51.41 and 51.43), 

Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 

By: 

Elizabeth Johnson 
Chief, Voting Section 



1264 NORTH CAROLINA REGISTER November 15, 1996 11:16 



IN ADDITION 



U.S. Department of Justice 
Civil Rights Division 



DLP:ZJB:TGL:mh:jdp Voting Section 

DJ 166-012-3 P.O. Box 66128 

96-3427 Washington, D.C. 20035-6128 

96-3491 

96-3882 



October 21, 1996 



Jesse L. Warren, Esq. 

City Attorney 

P.O. Box 3136 

Greensboro, North Carolina 27402-3136 



Dear Mr. Warren: 

This refers to four annexations (Ordinance Nos. 96-95, 96-97, 96-117 and 96-124) and the designation of the 
annexed areas to districts for the City of Greensboro in Guildford County, North Carolina, submitted to the Attorney Genera! 
pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submissions on August 21 and 26. and 
September 25, 1996. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine these submissions 
if additional information that would otherwise require an objection comes to our attention during the remainder of the 
sixty-day review period. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 

Sincerely. 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 

By: 

Elizabeth Johnson 
Chief, Voting Section 



11:16 NORTH CAROLINA REGISTER November 15, 1996 1265 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



BEFORE THE 

TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of 

additional Sales and Use 

Tax for the period of 

December 1, 1991 through 

October 31, 1994 Albion Associates, Inc. 



ADMINISTRATIVE 
DECISION NUMBER: 



320 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on Tuesday, July 23, 1996 in the 
City of Raleigh, Wake County, North Carolina, in the office of the State Treasurer. It involved the petition filed by Albion 
Associates, Inc., (hereinafter "Taxpayer") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal 
and Administrative Services for the Department of Revenue (hereinafter "Assistant Secretary") entered on January 18, 1996, 
sustaining a proposed assessment of additional sales and use tax for the period of December 1, 1991 through October 31, 
1994. 

Chairman Harlan E. Boyles presided over the hearing with ex officio member, Hugh A. Wells, Chairman, Utilities 
Commission and duly appointed member, Noel L. Allen, Attorney at Law. 

Jeffrey T. Lawyer, Attorney and Miles Barefoot, President of Albion Associates, Inc. appeared on behalf of the 
Taxpayer; George W. Boylan, Special Deputy Attorney General, appeared on behalf of the Department of Revenue. 

On administrative review to the Board, Taxpayer primarily contested only the imposition of sales taxes upon 
photographs, color prints, black and white prints and related materials, prepared for its customers. Taxpayer contended that 
such property qualifies for exemption under G.S. §105-164. 13( 14a) as "printed material sold by a printer." 

The Board having conducted a hearing in this matter and having considered the Petition, the briefs, the record, the 
Assistant Secretary's final decision and the arguments of counsel concluded that the final decision did not contain sufficient 
findings of fact to conclude as a matter of law that Taxpayer in not engaged in the printing business, but is operating a 
photography business. 

IT IS THEREFORE ORDERED that this matter is Remanded to the Assistant Secretary so that appropriate evidence 
may be considered by the Assistant Secretary in order allow for additional findings of fact to support the conclusion of law 
that Taxpayer is not engaged in the printing business, but is in fact operating photography business. 



Entered this the 18th day of October, 1996. 



TAX REVIEW BOARD 



's/Harlan E. Boyles, Chairman 
State Treasurer 

/s/Hugh A. Wells 

Chairman, Utilities Commission 

/s/Noel L. Allen 



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11:16 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 

IN THE MATTER OF: 

The Proposed Assessment of 
additional sales and use tax 
for the period of October 1, 1988 
through August 31, 1991 assessed 
against Robert C. & Elizabeth L. 
Daughety d/b/a Atlantic Satellite 



BEFORE THE 

TAX REVIEW BOARD 



ADMINISTRATIVE 
DECISION NUMBER: 321 



THIS MATTER was heard before the Tax Review Board on July 23, 1996 in the City of Raleigh, Wake County, 
North Carolina, in the office of the State Treasurer. It involved the petition for administrative review filed by Robert C. 
& Elizabeth L. Daughety d/b/a Atlantic Satellite (hereinafter "Taxpayers") from the Final Decision of Michael A. Hannah, 
Assistant Secretary for Legal and Administrative Services (hereinafter "Assistant Secretary") entered on May 4, 1994, 
sustaining a proposed assessment of sales and use tax, including penalty and interest for the period of October 1, 1998 
through August 31, 1991. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with Hugh A. Wells, Chairman Utilities 
Commission and duly appointed member, Noel L. Allen, Attorney at Law participating. 

The Taxpayer was represented at the hearing by Bernard A. Harrell, Attorney at Law; Marilyn R. Mudge, Assistant 
Attorney General, appeared on behalf of the Department of Revenue. 

On administrative review to this Board, one argument made by counsel for the Taxpayers was that the Assistant 
Secretary erred in concluding as a matter of law that the business at issue was a partnership. The attorney contended that 
this conclusion was based on an erroneous finding of fact that Taxpayer, Robert C Daughety had authority to issue checks 
and sign documents on behalf of the business. Taxpayers' counsel also raised arguments concerning the taxability of the 
business operation and the audit process. 

The scope of administrative review for petitions filed with the Tax Review Board is governed by G.S. §105- 
241.2(b2). G.S. § 105-241. 2(b2) states in pertinent part: 

b2).. the Board shall confirm, modify, reverse, reduce or increase the assessment or decision of the 
Secretary. 

The Board having conducted a hearing in this matter and having considered the Petition, the briefs, the record, the 
Assistant Secretary's final decision and the arguments of counsel concluded that there exist sufficient evidence in the record 
to confirm the tax assessment against Elizabeth C. Daughety, d/b/a Atlantic Satellite. However, the Board concluded that 
the final decision did not state sufficient findings of fact to warrant the conclusion of law that a partnership existed between 
the parties. Absent the existence of a partnership, the assessment against Taxpayer, Robert C. Daughety should be reversed. 

IT IS THEREFORE ORDERED, that the Board confirms the Assistant Secretary's final decision as to 
the tax assessment in the amount of 41,989.85, plus penalty and interest against Elizabeth L. Daughety, d/b/a Atlantic 
Satellite Systems; but reverses the final decision as to the assessment against Robert C. Daughety and orders that the final 
decision be modified accordingly. 



Entered this the 18th day of October. 1996. 



TAX REVIEW BOARD 

/s/Harlan E. Boyles, Chairman 
State Treasurer 

/s/Hugh A. Wells, Chairman 
Utilities Commission 

/s/Noel L. Allen, Appointed Member 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1267 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of 
a rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register 
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making 
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: 
G.S. 150B-21.2. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3B - PROCEDURAL RULES 

\ Jotice of Rule-making Proceedings is hereby given by 
1 V the North Carolina Medical Care Commission in 
accordance with G.S. 150B-21.2. Tlie agency shall subse- 
quently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

10 NCAC 3B - Other rules may be proposed in the course of 
the rule-making process. 

Authority for the rule-making: G.S. 131E-256(h) 

Statement of the Subject Matter: Tfie North Carolina 
Medical Care Commission will conduct a public hearing on 
the proposed adoption of temporary rules for the Health 
Care Personnel Registry on Friday, November 22, 1996, 
9:30 a.m., in Room 201, DFS Council Building, 701 
Barbour Drive, Raleigh, North Carolina. The subject matter 
of the proposed rule-making proceeding is adoption of rules 
to establish and maintain a program to investigate allega- 
tions of abuse, neglect, misappropriation of resident and 
facility property, fraud, or drug diversion by unlicensed 
health care personnel in health care facilities. 

Reason for Proposed Action: The General Assembly 
ratified Senate Bill 855 which contains a requirement that 
the North Carolina Medical Care Commission adopt, amend 
and repeal all rules necessary for the implementation of this 
program. 

Comment Procedures: Oral or written comments may be 
presented at the hearing. Written comments may also be 
submitted to Jackie Sheppard, Rule-making Coordinator , 
Division of Facility Services, 701 Barbour Drive, Raleigh, 
North Carolina 27626-0530, but must be received prior to 
the public hearing which begins at 9:30 a.m. on Friday, 
November 22, 1996. You may contact Jackie Sheppard by 
telephone (919)733-2342. 

******************* 
CHAPTER 26 - MEDICAL ASSISTANCE 



SUBCHAPTER 26H - REIMBURSEMENT PLANS 

TV Jotice of Rule-making Proceedings is hereby given by 
1 V the DHR - Division of Medical Assistance in accor- 
dance with G.S. 150B-21.2. The agency shall subsequently 
publish in the Register the text of the rule(s) it proposes to 
adopt as a result of this notice of rule-making proceedings 
and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

10 NCAC 26H .0104 Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 108A-25(b); 108A- 
54: 108A-55; S.L. 1985, c. 479, s. 86; 42 C.F.R. 447, 
Subpart C; 29 C.F.R. 1910, Subpart Z; S.L. 1991. c. 689, 

s. 95 

Statement of the Subject Matter: Allows nursing facilities 
to record depreciation and interest related to direct patient 
care equipment in the annual cost report as direct care 
costs. The priman purpose of Direct Patient Care Equip- 
ment is to enhance the quality, efficiency, or safety of the 
work of direct patient care personnel. 

Reason for Proposed Action: The objective of this amend- 
ment is to allow nursing facility providers to procure 
equipment which uses advanced technology to enhance the 
efficiency, quality, or safety of the work of direct patient 
care personnel. 

Comment Procedures: Written comments concerning this 
rule-making action must be submitted bv January 14, 1997, 
to Portia Rochelle, Rule-making Coordinator, Division of 
Medical Assistance, 1985 Umstead Drive, Raleigh, NC 
27603. 



TYTLE 12 - DEPARTMENT OF JUSTICE 

CHAPTER 7 - PRIVATE PROTECTIVE 
SERVICES 

SUBCHAPTER 7D - PRIVATE PROTECTIVE 
SERVICES BOARD 

A Jotice of Rule-making Proceedings is hereby given by 
1 V the NC Private Protective Sen'ices Board in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish 



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11:16 



RULE-MAKING PROCEEDINGS 



in the Register the text of the rule(s) it proposes to adopt as 
a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

12 NCAC 7D; 7D .0100 and .0104 - Other rules may be 
proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. 74C-5; 74C-13 

Statement of the Subject Matter: 

12 NCAC 7D - To adopt rules to regulate the training of 

individuals who train other firearms trainers. 

12 NCAC 7D .0100 - To address continuing education for 

individuals licensed pursuant to the North Carolina Private 

Protective Services Act. 

12 NCAC 7D .0104 - The definition section defines terms 

used throughout the rules. 

Reason for Proposed Action: 

12 NCAC 7D - Currently, no rules exist to regulate the 

training of individuals who are training other individuals 

that train firearms instructors. The Board believes it 

important to adopt a section of rules to regulate the training 

of instructors. 

12 NCAC 7D ,0100 - Currently, no rules exist to require 

licensees to maintain or improve their private protective 

services skills; therefore, the Board proposes to implement 

continuing education requirements for licensees. 

12 NCAC 7D .0104 - The Private Protective Services Board 

wishes to amend the definition of "branch office. " 

Comment Procedures: Written comments concerning this 
rule-making activity may be submitted within sixty days of 
this publication to W.A. Hoggard, 111, Administrator, N.C. 
Private Protective Services Board, 3320 Old Garner Road, 
Raleigh, NC 27626. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

TV Jotice of Rule-making Proceedings is hereby given by 
A V the North Carolina Wildlife Commission in accordance 
with G.S. 150B-21.2. Tfie agency shall subsequently publish 
in the Register the text of the rule(s) it proposes to adopt as 
a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 10F .0367 Other rules may be proposed in the 



course of the rule-making process. 

Authority for the rule-making: G.S. 75A-3; 75A-15 

Statement of the Subject Matter: Proposed No Wake 
Zone on Pasquotank River - Elizabeth City. 

Reason for Proposed Action: To regulate boat speed in 
congested area. 

Comment Procedures: The record will be open for receipt 
of written comments from November 15, 1996 through 
January 14, 1997. Such written comments must be deliver 
or mailed to the North Carolina Wildlife Resources Commis- 
sion, 512 N. Salisbury Street, Raleigh, NC 27604-1188. 



****************** 

CHAPTER 13 - SOLID WASTE MANAGEMENT 

SUBCHAPTER 13A - HAZARDOUS 
WASTE MANAGEMENT 

~\ Jotice of Rule-making Proceedings is hereby given by 
1 V the EHNR - Commission for Health Services in accor- 
dance with G.S. 150B-21.2. The agency shall subsequently 
publish in the Register the text of the rule(s) it proposes to 
adopt as a result of this notice of rule-making proceedings 
and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 13A 0001, .0005, .0007, .0011, .0012 and 
.0019. Other rules may be proposed in the course of the 
rule-making process. 

Authority for the rule-making: G.S. 130A-294(c); 150B- 
21.6 

Statement of the Subject Matter: 

15A NCAC 13A .0001 - Establishes the State agency which 
will administer the hazardous waste management program, 
makes State substitutions for federal agencies and incorpo- 
rates into the rules certain publications. 
15A NCAC 13A .0005 - Establishes general procedures 
concerning permit applications , permit processing, permit 
modification, public notice of permit actions, and public 
hearing procedures. 

15A NCAC 13A .0007 - Establishes standards which apply 
to generators of hazardous waste. 

15A NCAC 13 A .0011 - Establishes standards for specific 
hazardous waste and specific types of hazardous waste 
management facilities , for example, recyclable materials and 
energy recovery facilities. 

15A NCAC 13A .0012 - Establishes prohibition and 
treatment standards for land disposal of hazardous waste. 
15A NCAC 13A .0019 - Establishes streamline hazardous 
waste management regulations governing the collection and 



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1269 



RULE-MAKING PROCEEDINGS 



management of certain widely generated wastes, known as 
"universal wastes". This universal waste rule covers 
hazardous waste batteries (e.g. nickel cadmium), certain 
hazardous waste pesticides, and mercury-containing thermo- 
stats. By reducing regulatory requirements, this rule will 
encourage state and local governments and manufacturers to 
establish environmentally sound collecting programs, and 
retailers to participate in them. 

Reason for Proposed Action: 

15A NCAC 13A .0001 - To include the name change from 
the Division of Solid Waste Management to the Division of 
Waste Management to be consistent with the recent legisla- 
tive name change revisions in G.S. 130A-291. To update 
changes in the cost of publications obtained from the U.S. 
Government Printing Office, Washington, DC 20402, which 
are incorporated by reference and updates changes in the 
cost of the NC Hazardous Waste Management Rules and 
Solid Waste Management law book. 

15A NCAC 13A .0005 - To incorporate by reference 40 
CFR 124.31 through 124.33 (Subpart B), "Specific Proce- 
dures Applicable to RCRA Permits", and substitutes for the 
provisions of 40 CFR 124.31(a), 124.32(a) and 124.33(a) 
which are not incorporated by reference. Also the amend- 
ment will revise the adoption by reference wording as 
required by G.S. 150B-21.6. 
15A NCAC 13A .0007 - To incorporate by reference 40 



CFR 262.80 through 262.89 (Subpart H), "Transfrontier 
Shipments of Hazardous Waste for Recovery within the 
OECD" with the exception of 40 CFR 262.89(e) which is not 
incorporated by reference. 

15A NCAC 13 A .0011 - To remove 40 CFR 266.30 through 
266.35 (Subpart D), "Hazardous Waste Burned for Energy 
Recovery ". 40 CFR 266. 30 through 266. 35 (Subpart D) was 
replaced by 40 CFR 266. 100 through 266.112 (Subpart H), 
"Hazardous Waste Burned in Boilers and Industrial Fur- 
naces ", and is to be relocated in Paragraph (d). 
15A NCAC 13A .0012 - The proposed amendment will add 
40 CFR 268.39 "Waste specific prohibitions - End-of-pipe 
CWA, CWA-equivalent , and Class I nonhazardous injection 
well treatment standards; spent aluminum potliners; and 
carbamate wastes" to (Subpart C), "Prohibitions on Land 
Disposal ". 

15A NCAC 13A .0019 - The proposed amendment will add 
40 CFR 273.6 "Definitions" to Paragraph (a), (Subpart A), 
"General". 

Comment Procedures: Comments will be accepted through 
January 14, 1997. Written comments may be submitted to 
Jimmy Carter, Chief, Hazardous Waste Section, Division of 
Waste Management, PO Box 27687, Raleigh, NC 27611- 

7687. 



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11:16 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published 
a Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from 
the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required 
comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5 ,000,000). 
Statutory reference: G.S. 150B-21.2. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Environmental Manage- 
ment Commission intends to adopt rules cited as 15 A NCAC 
2Q .0313, .0527; amend rules cited as 15A NCAC 2D 
. 0535; 2Q . 0312, . 0525 and . 0607. Notice of Rule-making 
Proceedings was published in the Register for 15 A NCAC 2D 
.0535 on December 15, 1995 and the remainder rules were 
published on March 15, 1996. 

Proposed Effective Date: July 1, 1998 

A Public Hearing will be conducted at 7:00 pm on 
December 3, 1996 at the Groundfloor Hearing Room, 
Archdale Building, 512 North Salisbury Street, Raleigh , NC. 

Reason for Proposed Action: 

15 A NCAC 2D .0535 - To amend the Rule to revise the time 
for reporting malfunctions and to clarify the definition of 
"excess emissions. " 

15 A NCAC 2Q .0312, .0313, .0525, .0527 & .0607 - To 
adopt rules for the implementation of expedited permit 
processing procedures and to amend the application process- 
ing schedule rules. 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearings. Any 
person desiring to comment for more than three minutes is 
requested to submit a written statement for inclusion in the 
record of proceedings at the public hearing. The hearing 
record will remain open until January 14, 1997 , to receive 
additional written statements. 

Comments should be sent to and additional information 
concerning the hearing or the proposals may be obtained by 
contacting: 

Mr. Thomas C. Allen 

Division of Environmental Management 

PO Box 29580 

Raleigh. NC 27626-0580 

(919) 733-1489 (phone) 

(919) 733-1812 (fax) 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 



CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2D - Am POLLUTION CONTROL 
REQUIREMENTS 

SECTION .0500 - EMISSION CONTROL 
STANDARDS 

.0535 EXCESS EMISSIONS REPORTING 
AND MALFUNCTIONS 

(a) For this Rule the following definitions apply: 

(1) "Excess Emissions" means an emission rate that 
exceeds any applicable emission limitation or 
standard allowed by any rule in Sections .0500, 
.0900, or .1200 .1200, or .1400 of this Subchap- 
ter; or by a permit condition; or that exceeds an 
emission limit established in a permit issued under 
15A NCAC 2H .0610. 

(2) "Malfunction" means any unavoidable failure of 
air pollution control equipment, process equip- 
ment, or process to operate in a normal and usual 
manner that results in excess emissions. Excess 
emissions during periods of routine start-up and 
shut-down of process equipment shall not be 
considered to bo a malfunction. Failures caused 
entirely or in part by poor maintenance, careless 
operations or any other upset condition within the 
control of the emission source shall not be consid- 
ered a malfunction. 

(3) "Start-up" means the commencement of operation 
of any source that which has shut-down or ceased 
operation for a period sufficient to cause tempera- 
ture, pressure, process, chemical, or a pollution 
control device imbalance that whioh would result 
in excess emission. 

(4) "Shut-down" means the cessation of the operation 
of any source for any purpose. 

(b) This Rule does not apply to sources to which Rules 
0524, .1110, or .1111 of this Subchapter applies unless 

excess emissions exceed an emission limit established in a 
permit issued under 15A NCAC 2H .0610 that is more 
stringent than the emission limit set by Rules .0524, . 1 1 10 
or . 1 1 1 1 of this Subchapter. 

(c) Any excess emissions that do not occur during start- 
up or shut-down shall be considered a violation of the 
appropriate rule unless the owner or operator of the source 
of excess emissions demonstrates to the Director, that the 
excess emissions are the result of a malfunction. To 
determine if the excess emissions are the result of a mal- 
function, the Director shall consider, along with any other 



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November 15, 1996 



1271 



PROPOSED RULES 



pertinent information, the following: 

(1) The air cleaning device, process equipment, or 
process has been maintained and operated, to the 
maximum extent practicable, in a manner consis- 
tent with good practice for minimizing emissions; 

(2) Repairs have been made in an e xped i tiouo mann e r 
expeditiously when the emission limits have been 
exceeded; 

(3) The amount and duration of the excess emissions, 
including any bypass, have been minimized to the 
maximum extent practicable; 

(4) All practical steps have been taken to minimize 
the impact of the excess emissions on ambient air 
quality; 

(5) The excess emissions are not part of a recurring 
pattern indicative of inadequate design, operation, 
or maintenance; 

(6) The requirements of Paragraph (f) of this Rule 
have been met; and 

(7) If the source is required to have a malfunction 
abatement plan, it has followed that plan. 

All malfunctions shall be repaired as expeditiously as 
practicable. However, the Director shall not excuse excess 
emissions caused by malfunctions from a source for more 
than 15 percent of the operating time during each calendar 
year. The Director may require the owner or operator of a 
facility to maintain records of the time that a source operates 
when it or its air pollution control equipment is malfunction- 
ing or otherwise has excess emissions. 

(d) All electric utility boiler units subject to a rule in this 
Section shall have a malfunction abatement plan approved 
by the Director. In addition, the Director may require any- 
other source to have a malfunction abatement plan approved 
by the Director. If the Director requires a malfunction 
abatement plan for a source other than an electric utility 
boiler, the owner or operator of that source shall submit a 
malfunction abatement plan within 60 days after receipt of 
the Director's request. The malfunction plans of electric 
utility boiler units and of other sources required to have 
them shall be implemented when a malfunction or other 
breakdown occurs. The purpose of the malfunction abate- 
ment plan is to prevent, detect, and correct malfunctions or 
equipment failures that could result in excess emissions. A 
malfunction abatement plan shall contain as a minimum: 

(1) a complete preventive maintenance program 
including: 

(A) the identification of individuals or positions 
responsible for inspecting, maintaining and 
repairing air cleaning devices; 

(B) a description of the items or conditions that 
will be inspected and maintained; 

(C) the frequency of the inspection, mainte- 
nance services services, and repairs; and 

(D) an identification and quantities of the re- 
placement parts which that shall be main- 
tained in inventory for quick replacement; 

(2) an identification of the source and air cleaning 



operating variables and outlet variables, such as 
opacity, grain loading, and pollutant concentra- 
tion, that may be monitored in order to detect a 
malfunction or failure; the normal operating range 
of these variables and a description of the method 
of monitoring or surveillance procedures and of 
informing operating personnel of any malfunc- 
tions, including alarm systems, lights or other 
indicators: and 
(3) a description of the corrective procedures that 
shall be tak e n in the event the owner or operator 
will take in case of a malfunction or failure m 
order to achieve compliance with the applicable 
rule as expeditiously as practicable but no longer 
than the next boiler or process outage that would 
provide for an orderly repair or correction of the 
malfunction or 15 days, whichever is the shorter 
tim e int e rval, shorter. If it is anticipated the 
owner or operator anticipates that the malfunction 
would continue for more than 15 days, a case-by- 
case repair schedule will be established by the 
Director in conjunction with the source. 
The owner or operator shall maintain logs to show that the 
operation and maintenance parts of the malfunction abate- 
ment plan are implemented. These logs shall be subject to 
inspection by the Director or his designee upon request 
during business hours. 

(e) The owner or operator of any electric utility boiler 
unit required to have a malfunction abatement plan shall 
submit a malfunction abatement plan to the Director within 
60 days of the effective date of this Rule. The owner or 
operator of any other source required by the Director to 
have a malfunction abatement plan shall submit a malfunc- 
tion abatement plan to the Director within six months after 
it has been required by the Director. The malfunction 
abatement plan and any amendment to it shall be reviewed 
by the Director or his designee. If the plan is satisfactory, 
the Director shall approve it. If the plan does not ade- 
quately carry out the objectives described by Paragraph (d) 
of this Rule, the Director shall disapprove the plan. The 
Director shall state his reasons for his disapproval. The 
person who submits the plan shall satisfactorily amend the 
pian as required by the Director within a p e riod of time 
prescribed by the Director. Any person having an approved 
malfunction abatement plan shall submit to the Director for 
his approval amendments reflecting changes in any element 
of the plan required by Paragraph (d) of this Rule or 
amendments when requested by the Director. The malfunc- 
tion abatement plan and amendments to it shall be imple- 
mented within 90 days upon receipt of written notice of 
approval. 

(f) The owner or operator of a source of excess emis- 
sions which that last for more than four hours and which 
that results from a malfunction, a breakdown of process or 
control equipment or any other abnormal conditions, shall: 

(1) notify the Director or his designee of any such 
occurrence within 2 4 hours by 9:00 a.m. Eastern 



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11:16 



PROPOSED RULES 



time of the Division's next business day of be- 
coming aware of the occurrence and describe: 

(A) name and location of the facility, 

(B) the nature and cause of the malfunction or 
breakdown, 

(C) the time when the malfunction or break- 
down is first observed, 

(D) the expected duration, and 

(E) an estimated rate of emissions; 

(2) notify the Director or his designee immediately 
when the corrective measures have been accom- 
plished; 

(3) submit, if requested, submit to the Director within 
15 days after the request a written report which 
that includes: 

(A) name and location of the facility, 

(B) identification or description of the pro- 
cesses and control devices involved in the 
malfunction or breakdown, 

(C) the cause and nature of the event, 

(D) time and duration of the violation or the 
expected duration of the excess emission if 
the malfunction or breakdown has not been 
fixed, 

(E) estimated quantity of pollutant emitted, 

(F) steps taken to control the emissions and to 
prevent recurrences and if the malfunction 
or breakdown has not been fixed, steps 
planned to be taken, and 

(G) any other pertinent information requested 
by the Director. 

After the malfunction or breakdown has been corrected, the 
Director may require the owner or operator of the source to 
test the source in accordance with Rule .0501 of this Section 
to demonstrate compliance. 

(g) Start-up and shut-down. Excess emissions during 
start-up and shut-down shall be considered a violation of the 
appropriate rule if the owner or operator cannot demonstrate 
that the excess emissions are unavoidable when requested to 
do so by the Director. The Director may specify for a 
particular source the amount, time, and duration of emis- 
sions that ar e allowed during start-up or shut-down. The 
owner or operator shall, to the extent practicable, operate 
the source and any associated air pollution control equip- 
ment or monitoring equipment in a manner consistent with 
best practicable air pollution control practices to minimize 
emissions during start-up and shut-down. 

Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(4); 143- 
215.107(a)(5). 

SUBCHAPTER 2Q - AIR QUALITY PERMIT 
PROCEDURES 

SECTION .0300 - CONSTRUCTION AND 
OPERATION PERMITS 



.0312 APPLICATION PROCESSING SCHEDULE 

(a) The Division shall adhere to the following schedule 
for processing applications for permits, permit modifica- 
tions, and permit renewals: 

(1) for permit applications, except for prevention of 
significant deterioration under 15 A NCAC 2D 
.0530, n e w oouro e r e vi e w und e r 15 A NCAC 2D 
.053 1 , case-by-case maximum achievable control 
technology under 15A NCAC 2D .1109, or a 
request for synthetic minor facility status before 
one year after EPA approves Section .0500 of this 
Subchapter: 

(A) The Division shall send written acknowl- 
edgment of receipt of the permit application 
to the applicant within 10 days of receipt of 
the application. 

(B) The Division shall review all permit appli- 
cations within 45 days of receipt of the 
application to determine whether the appli- 
cation is complete or incomplete for pro- 
cessing purposes. The Division shall notify 
the applicant by letter: 

(i) stating that the application as submit- 
ted is complete and specifying the 
completeness date, 
(ii) stating that the application is incom- 
plete, requesting additional informa- 
tion and specifying the deadline date 
by which the requested information 
is to be received by the Division, or 
(iii) stating that the application is incom- 
plete and requesting that the appli- 
cant rewrite and resubmit the appli- 
cation. 
If the Division does not notify the applicant 
by letter dated within 45 days of receipt of 
the application that the application is in- 
complete, the application shall be deemed 
complete. A completeness determination 
shall not prevent the Director from request- 
ing additional information at a later date 
when such information is considered neces- 
sary to properly evaluate the source, its air 
pollution abatement equipment, or the 
facility. If the applicant has not provided 
the requested additional information by the 
deadline specified in the letter requesting 
additional information, the Director may 
return the application to the applicant as 
incomplete. The applicant may request a 
time extension for submittal of the re- 
quested additional information. 

(C) The Division shall determine within 45 
days of receipt of a complete application if 
any additional information is needed to 
conduct the technical review of the applica- 
tion. A technical completeness determina- 



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PROPOSED RULES 



tion shall not prevent the Director from 
requesting additional information at a later 
date when such information is considered 
necessary to properly evaluate the source, 
its air pollution abatement equipment or the 
facility. The Division shall complete the 
technical review within 90 days of receipt 
of a complete application or 10 days after 
receipt of requested additional information, 
whichever is later. 

(D) (C) If the draft permit is not required to go 
to public notice or to public hearing, the 
Director shall issue or deny the permit 
within 90 days of receipt of a complete 
application or 10 days after receipt of 
requested additional information, whichever 
is later. 

(E) (&> If the draft permit is required to go to 
public notice with a request for opportunity 
for public hearing under Rule .0306(a) of 
this Section, the Director shall: 

(i) send the draft permit to public notice 
within 90 days after receipt of a 
complete application; and 

(ii) complete the review of the record 

and take final action on the permit 

within 30 days after the close of the 

public comment period. 

£F) fE) If the draft permit is required to go to 

public hearing as a result of a request for 

public hearing under Rule .0307(e) of this 

Section, the Director shall: 
(i) send the draft permit to public hear- 
ing within 45 days after approving 
the request for the public hearing; 
and 

(ii) complete the review of the record 
and take final action on the permit 
within 30 days after the close of the 
public hearing. 

(2) for permit applications for prevention of signifi- 
cant deterioration under 15A NCAC 2D .0530, 
.0530 or n e w souroe review under 15A NCAC 
2D .0531, the processing schedules are set out in 
those Rules. 

(3) for case-by-case maximum achievable control 
technology under 15A NCAC 2D .1109: 

(A) The Division shall send written acknowl- 
edgment of receipt of the permit application 
to the applicant within 10 days of receipt of 
the application. 

(B) The Division shall review all permit appli- 
cations within 45 days of receipt of the 
application to determine whether the appli- 
cation is complete or incomplete for pro- 
cessing purposes. The Division shall notify 
the applicant by letter: 



(i) stating that the application as submit- 
ted is complete and specifying the 
completeness date, 
(ii) stating that the application is incom- 
plete, requesting additional informa- 
tion and specifying the deadline date 
by which the requested information 
is to be received by the Division, or 
(iii) stating that the application is incom- 
plete and that the applicant rewrite 
and resubmit the application. 
If the Division does not notify the applicant 
by letter dated within 45 days of receipt of 
the application that the application is in- 
complete, the application shall be deemed 
complete. A completeness determination 
shall not prevent the Director from request- 
ing additional information at a later date 
when such information is considered neces- 
sary to properly evaluate the source, its air 
pollution abatement equipment, or the 
facility. If the applicant has not provided 
the requested additional information by the 
deadline specified in the letter requesting 
additional information, the Director may 
return the application to the applicant as 
incomplete. The applicant may request a 
time extension for submittal of the re- 
quested additional information. 
(C) The Division shall determine within 60 
days of receipt of a complete application if 
any additional information is needed to 



(D) 



IE] 



conduct the technical review of the applica- 
tion. A technical completeness determina- 
tion shall not prevent the Director from 
requesting additional information at a later 
date when such information is considered 
necessary to properly evaluate the source, 
its air pollution abatement equipment or the 
facility. The Division shall complete the 
technical review within 120 days of receipt 
of a complete application or K) days after 
receipt of requested additional information, 
whichever is later. 
(€) The Director shall: 
(i) send the draft permit to public notice 
within 120 days after receipt of a 
complete application or 10 days after 
receipt of requested additional infor- 
mation, whichever is later; and 
(ii) complete the review of the record 
and take final action on the permit 
within 30 days after the close of the 
public comment period. 
fD) If the draft permit is required to go to 
public hearing as a result of a request for 
public hearing under Rule .0307(e) of this 



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PROPOSED RULES 



Section, the Director shall: 
(i) send the draft permit to public hear- 
ing within 45 days after approving 
the request for the public hearing; 
and 
(ii) complete the review of the record 
and take final action on the permit 
within 30 days after the close of the 
public hearing. 
(4) requests for synthetic minor facility status before 
one year after EPA approves Section .0500 of this 
Subchapter shall be acted on within one year after 
EPA approves Section .0500 of this Subchapter. 

(b) The days that fall between the sending out a letter 
requesting additional information and receiving that addi- 
tional information shall not be counted in the schedules 
under Paragraph (a) of this Rule. 

(c) The Director may return at any time applications 
containing insufficient information to complete the review. 

Authority G.S. 143-215. 3(a)(1); 143-215.108. 

.0313 EXPEDITED APPLICATION PROCESSING 
SCHEDULE 

(a) Using the procedures contained in this Rule may 
result in a permit that EPA does not recognize as a valid 
permit. 

(b) An applicant may file an application to follow the 
expedited review for application certified by a professional 
engineer as set out in G.S. 143-215. 108(h) if: 

(1) The applicant specifically requests that the permit 
application be processed under the procedures in 
G.S. 143-215. 108(h); and 

(2) The applicant submits: 

(A) applications as required under Rules .0304 
and .0305 of this Section; 

(B) a completeness checklist showing that the 
permit application is complete; 

(C) a draft permit; 

(D) any required dispersion modeling; 

(E) a certification signed by a professional 
engineer registered in North Carolina certi- 
fying the accuracy and completeness of 
draft permit and the application, including 
emissions estimates, applicable standards 
and requirements, and process specifica- 
tions; 

(F) a consistency determination as required 
under Rule .0304(b)(1) of this Section; 

(G) a written description of current and pro- 
jected plans to reduce the emissions of air 
contaminants as required under Rule 
.0304(b)(2) of this Section; 

(H) a financial qualification if required; 
(D substantial compliance statement if re- 
quired; and 
(J) the application fee as required under Sec- 



tion .0200 of this Subchapter. 

(c) The a pplicant shall use the official application forms 
provided by the Division or a facsimile thereof. 

£d) The Division shall provide the applicant a checklist 
of all items of information required to prepare a complete 
permit application. This checklist shall be the checklist used 
by the Division to determine if the application is complete. 

(e) The Division shall provide the applicant a list of 
permit conditions and terms to include in the draft permit. 

(f) Before filing a permit application that includes 
dispersion modeling analysis submitted in support of the 
application, the applicant shall submit a modeling protocol 
and receive approval for the dispersion modeling protocol. 

(g) The Division shall follow the procedures set out in 
G.S. 143-215. 108(h) when processing applications filed in 
accordance with this Rule. 

Authority G.S. 143-215. 3(a)(1); 143-215.108. 

SECTION .0500 - TITLE V PROCEDURES 

.0525 APPLICATION PROCESSING SCHEDULE 

(a) Except for permit applications submitted under Rule 
,0506 of this Subchapter, the Division shall adhere to the 
following schedule in processing applications for permits, 
significant permit modifications, and permit renewal: 

(1) The Division shall send written acknowledgment 
of receipt of the application to the applicant within 
10 days of receipt of the application. 

(2) The Division shall review all permit applications 
within 60 days of receipt of the application to 
determine whether the application is complete or 
incomplete. The Division shall notify the appli- 
cant by letter: 

(A) stating that the application as submitted is 
complete and specifying the completeness 
date, 

(B) stating that the application is incomplete, 
requesting additional information and speci- 
fying the deadline date by which the re- 
quested information is to be received by the 
Division, or 

(C) stating that the application is incomplete 
and requesting that the applicant rewrite 
and resubmit the application. 

If the Division does not notify the applicant by 
letter dated within 60 days of receipt of the 
application that the application is incomplete, the 
application shall be deemed complete. A com- 
pleteness determination shall not prevent the 
Director from requesting additional information at 
a later date when such information is considered 
necessary to properly evaluate the source, its air 
pollution abatement equipment, or the facility. If 
the applicant has not provided the requested 
additional information by the deadline specified in 
the letter requesting additional information, the 



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1275 



PROPOSED RULES 



Director may return the application to the appli- 
cant as incomplete. The applicant may request a 
time extension for submittal of the requested 
additional information. A completeness determi- 
nation shall not be necessary for minor modifica- 
tions under Rule .0514 of this Section. 

(3) The Division shall determine within 60 days of 
receipt of a complete application i_f any additional 
information js needed to conduct the technical 
review of the application. A technical complete- 
ness determination shall not prevent the Director 
from requesting additional information at a later 
date when such information is considered neces- 
sary to properly evaluate the source, its air pollu- 
tion abatement equipment or the facility. The 
Division shall complete the technical review 
within 270 davs of receipt of a complete applica- 
tion or 10 davs after receipt of requested addi- 
tional information, whichever is later. 

(4) <-3-) The Director shall send the public notice for 
public comment on the draft permit to affected 
states, to EPA, and to persons on the mailing list 
within 270 days after receipt of a complete appli- 
cation or 10 days after receipt of requested addi- 
tional information, whichever is later. 

(5) (4) If a public hearing is requested and approved 
by the Director for a draft permit, it shall be held 
within 45 days of the Director's decision to hold 
a public hearing. 

(6) {§) The Director shall complete the review of the 
record and send the proposed permit to EPA: 

(A) within 30 days after the close of the public 
comment period if there is no public hear- 
ing on the draft permit; or 

(B) within 45 days after the close of the public 
hearing if there is a public hearing on the 
draft permit. 

(7) (&) If EPA does not object to the proposed per- 
mit, the Director shall issue the permit within five 
days after: 

(A) expiration of EPA 45-day review period; or 

(B) receipt of notice from EPA that it will not 
object to issuance, 

whichever comes first. 

(8) f7-) If EPA objects to the proposed permit, the 
Director shall respond to EPA's objection within 
90 days after receipt of EPA's objections. 

(b) The Director may return at any time applications 
containing insufficient information to complete the review. 

Authority G.S. 143-215. 3(a)(1): 143-215. 107(a)(10); 143- 
215. 108. 

.0527 EXPEDITED APPLICATION PROCESSING 
SCHEDULE 

(a) Using the procedures contained in this Rule may 
result in a permit that EPA does not recognize as a valid 



LB) 

(C) 
ID] 

(E) 



permit. 

(b) An applicant may file an application to follow the 
expedited review for application certified by a professional 
engineer as set out in G.S. 143-215. 108(h) if: 

(1) The applicant specifically requests that the permit 
application be processed under the procedures in 
G.S. 143-215. 108(h); and 

(2) The applicant submits: 

(A) applications as required under Rules .0505 
and .0507 of this Section; 
a completeness check list showing that the 
permit application is complete; 
a draft permit; 

any required dispersion modeling; 
a certification signed by a professional 
engineer registered in North Carolina certi- 
fying the accuracy and completeness of 
draft permit and the application, including 
emissions estimates, applicable standards 
and requirements, and process specifica- 
tions; 

(F) a consistency determination as required 
under Rule .0507(d)(1) of this Section; 

(G) a written description of current and pro- 
jected plan> to reduce the emissions of air 
contaminants as required under Rule 
.0507(d)(2) of this Section; 

(H) a financial qualification if required; 

(I) substantial compliance statement if re- 
quired; and 

(J) the application fee as required under Sec- 
tion .0200 of this Subchapter. 

(c) The applicant shall use the official application forms 
provided by the Division or a facsimile thereof. 

(d) The Division shall provide the applicant a checklist 
of aU items of information required to prepare a complete 
permit application. This checklist shall be the checklist used 
by the Division to determine jf the application is complete. 

(e) The Division shall provide the applicant a Hst of 
permit conditions and terms to include in the draft permit. 

(f) Before filing a permit application that includes 
dispersion modeling analysis submitted in support of the 
application, the applicant shall submit a modeling protocol 
and receive approval for the dispersion modeling protocol. 

(g) The Division shall follow the procedures set out in 
G.S. 143-215. 108(h) v. hen processing applications filed in 
accordance with this Rule. 

(h) The decision that the Director shall make on a pplica- 
tions processed under this Rule is either to deny the permit 
or to submit a proposed permit to EPA. 

(i) If EPA does not object to the proposed permit, the 
Director shall issue the permit within five days after: 

( 1) expiration of EPA 45-day review period; or 

(2) receipt of notice from EPA that it will not object 
to issuance, whichever comes first. 

Ill if EPA objects to the proposed permit, the Director 
shall respond to EPA's objection within 90 days after receipt 



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PROPOSED RULES 



of EPA's objections. 

Authority G.S. 143-215. 3(a)(1); 143-215.108. 

SECTION .0600 - TRANSPORTATION FACILITY 
PROCEDURES 

.0607 APPLICATION PROCESSING SCHEDULE 

(a) The Division shall adhere to the following schedule 
in processing applications for transportation source permits: 

(1) The Division shall send written acknowledgment 
of receipt of the permit application to the appli- 
cant within 10 days of receipt of the application. 

(2) The Division shall review all permit applications 
within 30 days of receipt of the application to 
determine whether the application is complete or 
incomplete for processing purposes. The Division 
shall notify the applicant by letter: 

(A) stating that the application as submitted is 
complete and specifying the completeness 
date, 

(B) stating that the application is incomplete, 
requesting additional information and speci- 
fying the deadline date by which the re- 
quested information is to be received by the 
Division, or 

(C) stating that the application is incomplete 
and requesting that the applicant rewrite 
and resubmit the application. 

If the Division does not notify the applicant by 
letter dated within 30 days of receipt of the 
application that the application is incomplete, the 
application shall be deemed complete A com- 
pleteness determination shall not prevent the 
Director from requesting additional information at 
a later date when such information is considered 
necessary to properly evaluate the source, its air 
pollution abatement equipment, or the facility. If 
the applicant has not provided the requested 
additional information by the deadline specified in 
the letter requesting additional information, the 
Director may return the application to the appli- 
cant as incomplete. The applicant may request a 
time extension for submittal of the requested 
additional information. 
£3} The Division shall determine within 60 days of 
receipt of a complete application if any additional 
information is needed to conduct the technical 
review of the application. A technical complete- 
ness determination shall not prevent the Director 
from requesting additional information at a later 
date when such information is considered neces- 
sary to properly evaluate the source, its air pollu- 
tion abatement equipment or the facility. The 
Division shall complete the technical review 
within 90 days of receipt of a complete applica- 
tion or 10 days after receipt of requested addi- 



tional information, whichever is later. 

(4) f3} he Director shall send the draft permit to 
public notice within 60 days after receipt of a 
complete application or 10 days after receipt of 
requested additional information, whichever is 
later. 

(5) f4) If the draft permit is not required to go to 
public hearing, the Director shall complete the 
review of the record and take final action on the 
permit within 30 days after the close of the public 
comment period. 

(6) (5) If the draft permit is required to go to public 
hearing as a result of a request for public hearing 
under Rule .0604(e) of this Section, the Director 
shall: 

(A) send the draft permit to public hearing 
within 45 days after approving the request 
for the public hearing, and 

(B) complete the review of the record and take 
final action on the permit within 30 days 
after the close of the public hearing. 

(b) The days that fall between the sending out a letter 
requesting additional information and receiving that addi- 
tional information shall not be counted in the schedules 
under Paragraph (a) of this Rule. 

(c) The Director may return at any time applications 
containing insufficient information to complete the review. 

Authority G.S. 143-215. 3(a)(1); 143-215.108; 143-215.109. 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Environmental Manage- 
ment Commission intends to adopt rule cited as 15 A NCAC 
2D . 1208; amend rules cited as 15A NCAC 2D . 1201 - 
1207, . 1209. Notice of Rule-making Proceedings was 
published in the Register on March 15, 1996. 

Proposed Effective Date: July 1, 1998 

A Public Hearing will be conducted at 7:00 pm on 
December 3, 1996 at the Groundfloor Hearing Room, 
Archdale Building, 512 North Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: 

15A NCAC 2D .1201 - .1209 - EPA promulgated the final 
rules for emission guidelines for existing municipal waste 
combustors on December 19, 1995. As required by the 
rules, each state agency must submit a plan to the EPA for 
controlling emissions from existing municipal waste combus- 
tors which are at least as stringent as the emission guide- 
lines promulgated by the EPA. This rule is proposed to 
satisfy the requirements of the emission guidelines for 
municipal waste combustors promulgated by the EPA. 

Comment Procedures: All persons interested in these 



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PROPOSED RULES 



matters are invited to attend the public hearing. Any person 
desiring to comment for more than three minutes is requested 
to submit a written statement for inclusion in the record of 
proceedings ax the public hearing. The hearing record will 
remain open until January 14, 1997, to receive additional 
written statements. 

Comments should be sent to and additional information 
concerning the hearing or the proposals may be obtained by 
contacting: 

Mr. Thomas C. Allen 

Division of Environmental Management 

PO Box 29580 

Raleigh, NC 27626-0580 

(919) 733-1489 (phone) 

(919) 733-1812 (fax) 

Fiscal Note: These Rules affect the expenditures or reve- 
nues of local government funds. These Rules do not affect 
State funds. Economic impact does exceed five million 
dollars ($5,000,000) in a 12-month period. 

SUBCHAPTER 2D - AIR POLLUTION CONTROL 
REQUIREMENTS 

SECTION .1200 - CONTROL OF EMISSIONS FROM 
INCINERATORS 

.1201 PURPOSE AND SCOPE 

(a) This Section sets forth rules for the control of the 
emissions of air pollutants from incinerators. 

(b) The rules in this Section apply to all types of inciner- 
ators as defined by 15A NCAC 2D .0101(19), including 
incinerators with heat recovery and industrial incinerators. 
The rules in this Section do not apply to afterburners, flares, 
fume incinerators, and other similar devices used to reduce 
the emissions of air pollutants from processes, whose 
emissions shall be regulated as process emissions. 

(c) This Section does not apply to any boilers or indus- 
trial furnaces that burn waste as a fuel. 

(d) This Section does not apply to air curtain burners, 
which shall comply with Section . 1900 of this Subchapter. 

(e) (d) This Section does not apply to incinerators used 
to dispose of dead animals or poultry that meet the follow- 
ing requirements: 

(1) The incinerator is located on a farm and is owned 
and operated by the farm owner or by the farm 
operator; 

(2) The incinerator is used solely to dispose of ani- 
mals or poultry originating on the farm where the 
incinerator is located: 

(3) The incinerator is not charged at a rate that 
exceeds its design capacity; and 

(4) The incinerator complies with Rule .0521 (visible 
emissions) and .0522 (odorous emissions) of this 
Subchapter. 

(f) (e) If the incinerator is used solely to cremate pets or 



if the emissions of all toxic air pollutants from an incinera- 
tor and associated waste handling and storage are less than 
the levels listed in 15A NCAC 2H .0610(h), the incinerator 
shall be exempt from Rules .1205(f) through ft)r (p), and 
. 1206 of this Section. Sewage sludge incinerators, inoinora 
tors and sludg e inoinerotoro sludge incinerators, and munici- 
pal waste combustors at small and large municipal waste 
combustor plants are not eligible for exemption under this 
Paragraph. 

(g) ff4 If an incinerator can be defined as being more 
than one type of incinerator, then the following order shall 
be used to determine the standards and requirements to 
apply: hazardous waste incinerators, sewage sludge incinera- 
tors, sludge incinerators, municipal waste combustor at a 
large or small municipal waste combustor plant, medical 
waste incinerators, municipal — solid waste — incinerators, 
crematory incinerators, and other incinerators. 

Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(1), 
(3), (4), (5). 

.1202 DEFrNITIONS 

For the purposes of this Section, the following definitions 
apply: 

(1) "Control efficiency" means the mass of a pollutant 
in the waste fed to an incinerator minus the mass 
of that pollutant in the exit gas from the incinera- 
tor stack divided by the mass of the pollutant in 
the waste fed to the incinerator. 

(2) "Crematory incinerator" means any incinerator 
located at a crematory regulated under 21 NCAC 
34C that is used solely for the cremation of 
human remains. 

(3) "Construction and demolition waste" means wood, 
paper, and other combustible waste resulting from 
construction and demolition projects except for 
hazardous waste and asphaltic material. 

(4) "Dioxane and Furan" means tetra- through octa- 
chlorinated dibenzo-p-dioxins and dibenzofurans. 

(5) f44 "Hazardous waste incinerator" means an 
incinerator regulated under 15A NCAC 13A 
.0001 through .0014, 40 CFR 264.340 to 
264.351, Subpart O. or 265.340 to 265.352, 
Subpart O. 

(6) "Large municipal waste combustor plant" means 
a municipal waste combustor plant with a munici- 
pal waste combustor aggregate plant capacity that 
is greater than 250 tons per day of municipal solid 
waste. Municipal solid waste incinerator means 
an incin e rator as defin e d at ' 10 CFR 60.51a that 
burns municipal type solid wast e of which at l e ast 
95 percent by weight is generated off site and that 
has a capacity of at least one ton per hour, except 
that boilers shall not b e consid e r e d part of this 
d e finition. 

(7) (5) "Medical waste incinerator" means any incin- 
erator regulated under Section 15A NCAC 13B 



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PROPOSED RULES 



.1207(3). 

(8) "Municipal waste combustor (MWC) or municipal 
waste combustor unit" means a municipal waste 
combustor as defined in 40 CFR 60.51b. 

(9) "Municipal waste combustor plant" means one or 
more municipal waste combustor units at the same 
location for which construction, modification, or 
reconstruction commenced on or before Septem- 
ber 20, 1994. 

(10) "Municipal waste combustor plant capacity" 
means the aggregate municipal waste combustor 
unit capacity of all municipal waste combustor 
units at a municipal waste combustor plant for 
which construction, modification, or reconstruc- 
tion commenced on or before September 20, 
1994. 

(11) f7-) "Municipal-type solid waste (MSW) " means 
municipal-type solid waste defined at 10 CF R 
60^54ftr in 40 CFR 60.5lb. 

(12) (&) "POTW" means a publicly owned treatment 
works as defined in 40 CFR 501.2. 

(13) "Same Location" means the same or contiguous 
property that is under common ownership or 
control including properties that are separated 
only by a street, road, highway, or other public 
right-of-way. Common ownership or control 
includes properties that are owned, leased, or 
operated by the same entity, parent entity, subsid- 
iary, subdivision, or any combination thereof 
including any municipality or other governmental 
unit, or any quasi-governmental authority (e.g., a 
public utility district or regional waste disposal 
authority). 

(14) (9) "Sewage sludge incinerator" means any incin- 
erator regulated under 40 CFR Part 503, Subpart 
E. 

(15) (40) "Sludge incinerator" means any incinerator 
regulated under Subparagraph (a)(4) of Rule 
.1110 of this Subchapter but not under 40 CFR 
Part 503, Subpart E. 

(16) "Small municipal waste combustor plant" means 
a municipal waste combustor plant with a munici- 
pal waste combustor plant capacity that is greater 
than 38.8 tons per day but not more than 250 tons 
per day of municipal solid waste. 

(17) (44-) "Total hydrocarbons" means the organic 
compounds in the stack exit gas from a sewage 
sludge incinerator measured using a flame ioniza- 
tion detection instrument referenced to propane. 

Authority G.S. 143-213; 143-215. 3(a)(1). 

.1203 TEST METHODS AND PROCEDURES 

(a) The test methods and procedures described in Rule 
.0501 of this Subchapter and in 40 CFR Part 60 Appendix 
A and 40 CFR Part 61 Appendix B shall be used to deter- 
mine compliance with emission rates. The test method for 



determining metals emissions from stationary combustion 
sources, commonly called Method 5 (interim), published by 
the U.S. Environmental Protection Agency on August 28, 
1989, shall be used to determine emission rates for metals. 
Method 5 (interim) shall be used to sample for chro- 
mium(VT), and SW 846 Method 0013 shall be used for the 
analysis. A copy of Method 5 (interim) and SW 846 
Method 0013 may be obtained from the North Carolina 
Division of Air Quality. Environmental Management. 

(b) The Director may require the owner or operator to 
test his incinerator to demonstrate compliance with the 
emission standards in Rule .1205 of this Section. 

(c) For the emission standards in Rule 
■ 1205(b)W, (5)(A). (b)^ (5)(B). (f), and (g) of this 
Section, compliance shall be determined by averaging 
emissions over a one-hour period. 

(d) The owner or operator of a sewage sludge incinerator 
shall perform testing to determine pollutant control efficien- 
cies of any pollution control equipment and obtain informa- 
tion on operational parameters, including combustion 
temperature, to be placed in an air quality permit. 

(e) The owner or operator of a municipal waste combus- 
tor at a small or large municipal waste combustor plant shall 
do performance testing in accordance with 40 CFR Part 
60.58b. For municipal waste combustor at large municipal 
waste combustor plants that achieve a dioxin and furan 
emission level less than or equal to J_5 nanograms per dry 
standard cubic meter total mass, corrected to seven percent 
oxygen, the performance testing shall be performed in 
accordance with the testing schedule specified in 40 CFR 
60.58b(g)(5)(iii). For municipal waste combustor at small 
municipal waste combustor plants that achieve a dioxin and 
furan emission level less than or equal to 30.0 nanograms 
per dry standard cubic meter total mass, corrected to seven 
percent oxygen, the performance testing shall be performed 
in accordance with the testing schedule specified in 40 CFR 
60.58b(g)(5)(iii). 

[fj (e) Referenced document SW-846 "Test Methods for 
Evaluating Solid Waste", Third Edition, cited by this Rule 
is hereby incorporated by reference and does not include 
subsequent amendments or editions. A copy of this docu- 
ment is available for inspection at the North Carolina 
Division of Environmental — Manag e m e nt Department of 
Environment. Health, and Natural Resources Library located 
at 512 North Salisbury Street, Raleigh, NC 27603. Copies 
of this document may be obtained through the US Govern- 
ment Printing Office, Superintendent of Documents, P.O. 
Box 371954, Pittsburgh, PA 15250-7954, or by calling 
(202) 783-3238. The cost of this document is three hundred 
nineteen dollars ($319.00). 

Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(5). 

.1204 REPORTING AND RECORDKEEPING 

(a) The reporting and recordkeeping requirements of 
Rule . 1 105 of this Subchapter shall apply to all incinerators 
in addition to any reporting and recordkeeping requirements 



11:16 



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1279 



PROPOSED RLEES 



that ma>' be contained in any other rules. 

(b) The owner or operator of an incinerator, except an 
incinerator meeting the requirements of 15A NCAC 2D 
.1201(e), shall maintain and operate a continuous tempera- 
ture measuring and recording device for the primary 
chamber and, where there is a secondary chamber, for the 
secondary chamber. The Director may require a tempera- 
ture monitoring device for incinerators meeting the require- 
ments of 15A NCAC 2D .1201(e). The owner or operator 
of an incinerator that has installed air pollution abatement 
equipment to reduce emissions of hydrogen chloride shall 
install, operate, and maintain continuous monitoring equip- 
ment to measure pH for wet scrubber systems and rate of 
alkaline injection for dry scrubber systems. The Director 
shall require the owner or operator of an incinerator with a 
permitted charge rate of 750 pounds per hour or more to 
install, operate, and maintain continuous monitors for 
oxygen or for carbon monoxide or both as necessary to 
determine proper operation of the incinerator. The Director 
may require the owner or operator of an incinerator with a 
permitted charge rate of less than 750 pounds per hour to 
install, operate, and maintain monitors for oxygen or for 
carbon monoxide or both as necessary to determine proper 
operation of the incinerator. 

(c) In addition to the requirements of Paragraphs (a) and 
(b) of this Rule, the owner or operator of a sewage sludge 
incinerator shall: 

(1) install, operate, and maintain, for each incinera- 
tor, continuous emission monitors to determine 
the following: 

(A) mercury emissions by use of Method 105 
of 40 CFR Part 61. Appendix B, where 
applicable to 40 CFR 61.55(a): 

(B) total hydrocarbon concentration of the 
incinerator stack exit gas in accordance 
with 40 CHi 503.45(a) unless the require- 
ments for continuously monitoring carbon 
monoxide as provided in 40 CFR 503.40(c) 
are satisfied; 

(C) oxygen concentration of the incinerator 
stack exit gas; and 

(D) moisture content of the incinerator stack 
exit gas; 

(2) monitor the concentrations of beryllium and 
mercury from the sludge fed to the incinerator at 
least as frequently as required under Rule .1110 
of this Subchapter but in no case less than once 
per year; 

(3) monitor the concentrations of arsenic, cadmium, 
chromium, lead, and nickel in the sewage sludge 
fed to the incinerator at least as frequently as 
required under 40 CFR 503.46(a)(2) and (3); 

(4) maintain records of all material required under 
Rule .1203 and .1204 of this Section in accor- 
dance with 40 CFR 503.47; and 

(5) for class I sludge management facilities (as de- 
fined in 40 CFR 503.9), POTWs (as defined in 40 



CFR 501.2) with a design flow rate equal to or 

greater than one million gallons per day, and 

POTWs that serve a population of 10,000 people 

or greater, submit the information recorded in 

Subparagraph (c)(4) of this Rule to the Director 

on or before February 19 of each year. 

(d) In addition to the requirements of Paragraphs (a) and 

(b) of this Rule, the owner or operator of a small or large 

municipal waste combustor plant shall: 

( 1) install, operate, and maintain, for each municipal 
waste combustor, continuous emission monitors to 
determine the following: 

(A) opacity in accordance with 40 CFR 
60.58b(c). 



1BJ 



sulfur dioxide in accordance with 40 CFR 
60.58b(e). 



121 



Ol 



(4) 



nitrogen dioxide in accordance with 40 
CFR 60.58b(n). (This requirement applies 
only to large municipal waste combustor 
plants), 
maintain records of the information listed in 40 
CFR 60.59b, Paragraphs (d)(1) through (d)(15) 
for a period of at least five years, 
following the initial compliance tests as required 
under Rule . 1203 of this Section, submit the 
information specified in 40 CFR 60,59b, Para- 
graphs (f)( 1 ) through (f)(6), in the initial perfor- 
mance test report. 

following the first sear of municipal combustor 
operation, submit an annual report including the 
information specified in 40 CFR 60.59b, Para- 
graphs (g)( 1) through (g)(4), as applicable, no 
later than February l_ of each year following the 
calendar year in which the data were collected. 
Once the unit is subject to permitting requirements 
under 15 A NCAC 2Q .0500. the owner or opera- 
tor of an affected facility must submit these 
reports semiannually. 

submit a semiannual report that includes informa- 
tion specified in 40 CFR 60.59b, Paragraphs 
(h)( 1 ) through (h)(5). for any recorded pollutant 
or parameter that does not comply with the pollut- 
ant or parameter limit specified in this Section, 
according to the schedule specified in 40 CFR 
60.59b(h)(6). 
(e) fd) All monitoring devices and systems required by 
this Rule shall be subject to a quality assurance program 
approved by the Director. Such quality assurance program 
shall include procedures and frequencies for calibration, 
standards traceability. operational checks, maintenance, 
auditing, data validation, and a schedule for implementing 
the quality assurance program. 

Authority- G.S. 143-215. 3(a)(1): 143-215. 107(a)(4), (5). 

.1205 EMISSION STANDARDS 

(a) The emission standards in this Rule apply to all 



(5) 



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11:16 



PROPOSED RULES 



incinerators except where Rule .0524, . 1 1 10, or .1111 of 
this Subchapter applies except that Subparagraphs @h (p_)(2) 
and (4) of this Rule shall control in any event. 

(b) Particulate matter. Hazardous waste incinerators 
shall comply with Subparagraph (3) of this Paragraph. 
(1) (3) Hazardous waste incinerators shall meet the 
particulate matter requirements of 40 CFR 
264.343(c). 

The emissions of particulate matter from each 
municipal waste combustor located at a small 
municipal waste combustor plant shall not exceed 
70 milligrams per dry standard cubic meter, 
corrected to seven percent oxygen. 
The emissions of particulate matter from each 
municipal waste combustor located at a large 
municipal waste combustor plant shall not exceed 
27 milligrams per dry standard cubic meter 
corrected to seven percent oxygen. 
Conical incinerators covered by Rule .0523 of this 
Subchapter shall comply with that Rule instead of 
this Paragraph. 
All oth e r Any incinerators not covered under 



£2) 



Ql 



[4] 



£5) 



Subparagraphs (1), (2), (3), or (4) of this Para- 
graph shall comply with one of the following 
emission standards for particulate matter: 
(A) f4-) The emission of particulate matter from 

any stack or chimney of an incinerator shall 

not exceed: 



For a refuse charge between any two con- 
secutive rates stated in the preceding table, 
the allowable emissions rate for particulate 
matter shall be calculated by the equation 
E=0.002P. E=allowable emission rate for 
particulate matter in lb/hour. P = refuse 
charge in lb/hour. 
(B) (2) Instead of meeting the standards in 
Paragraph (b)(1) Part (b)(5)(A) of this 
Rule, the owner or operator of an incinera- 
tor may choose to limit particulate emis- 
sions from the incinerator to 0.08 grains 
per dry standard cubic foot corrected to 12 
percent carbon dioxide. In order to choose 
this option, the owner or operator of the 
incinerator shall demonstrate that the par- 
ticulate ambient air quality standards will 
not be violated. To correct to 12 percent 
carbon dioxide, the measured concentration 



m 





Allowable Emission Rate 




Refuse Charge 


For Particulate Matter 


£2} 


In Lb/Hour 


In Lb/Hour 




to 100 


0.2 


(U 


200 


0.4 




500 


1.0 




1,000 


2.0 


(e) ' 


2,000 and Above 


4.0 


Rule .( 



of particulate matter is multiplied by 12 
and divided by the measured percent car- 
bon dioxide. 

(c) Sulfur dioxide. Incinorators shall comply with Rule 
.0516 of this Subchapter. 

(1) The emissions of sulfur dioxide from each munici- 
pal waste combustor located at a small municipal 
waste combustor plant shall be reduced by at least 
50 percent by weight or volume or to no more 
than 80 parts per million by volume corrected to 
seven percent oxygen (dry basis), whichever is 
less stringent. Compliance with this emission 
limit is based on a 24-hour daily geometric mean. 

(2) The emissions of sulfur dioxide from each munici- 
pal waste combustor located at a large municipal 
waste combustor plant shall be reduced by at least 
75 percent by weight or volume or to no more 
than 31 parts per million by volume corrected to 
seven percent oxygen (dry basis), whichever is 
less stringent. Compliance with this emission 
limit is based on a 24-hour daily geometric mean. 
Any incinerator not covered under Subparagraphs 
(1) and (2) of this Paragraph shall comply with 
Rule .0516 of this Subchapter. 

(d) Visible emissions. Incinerators shall comply with 
Rule .0521 of this Subohaptor. 

(1) The emission limit of opacity from each municipal 
waste combustor located at a small or large 
municipal waste combustor plant shall not exceed 
10 percent (6-minute average). 
Air curtain incinerators shall comply with Rule 
.1904 of this Subchapter. 

Any incinerator not covered under Subparagraphs 
(1) and (2) of this Paragraph shall comply with 
Rule .0521 of this Subchapter. 

(e) Odorous emissions. Incinerators shall comply with 
Rule .0522 of this Subchapter. 

(f) Hydrogen chloride. Exc e pt for hazardouo waste 
incin e rators, — e miooiono of hydrogen — ohlorido — from an 
incinerator shall not exceed four pounds per hour unless it 
is reduced by at least 90 poreont by weight or no more than 
50 parts per million by volume oorr e oted to s e v e n p e rc e nt 
oxyg e n (dry basis) . 

(1) The emissions of hydrogen chloride from each 
municipal waste combustor at small municipal 
waste combustor plants shall be reduced by at 
least 50 percent by weight or volume or to no 
more than 250 parts per million by volume cor- 
rected to seven percent oxygen (dry basis), which- 
ever is less stringent. 

(2) The emissions of hydrogen chloride from each 
municipal waste combustor at large municipal 
waste combustor plants shall be reduced by at 
least 95 percent by weight or volume or to no 
more than 31 parts per million by volume, cor- 
rected to seven percent oxygen (dry basis), which- 
ever is less stringent. 



11:16 



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November 15, 1996 



1281 



PROPOSED RULES 



(3) Hazardous waste incinerators shall meet the 
hydrogen chloride emissions requirements of 40 
CFR 264.343(b). 

(4) Emissions of hydrogen chloride from all other 
incinerators shall not exceed four pounds per hour 
unless h is reduced by at least 90 percent by 
weight or to no more than 50 parts per million by 
volume corrected to seven percent oxygen (dry 
basis). 

(g) Mercury' emissions. Mercury omissions from sludg e 
incin e rators and sewag e sludg e incinerators ar e regulated 
under 15A N'CAC 2D . 1 1 10(a)(1). Emissions of mercury 
and mercury compounds from the stack or chimney of a 
municipal solid wast e incin e rator shall not exc ee d 0.29 

pounds per hour. Emissions of m e rcury and m e rcury 

compounds from the stock or chimney of a hazardous wast e 
incinerator, medical waste incinerator, and any other type 
incin e rator shall not exc ee d 0.032 pounds p e r hour. 

( 1) Emissions of mercury from each municipal waste 
combustor at a small or large municipal waste 
combustor plant shall be reduced by at least 85 
percent by weight or shall not exceed 0.08 milli- 
grams per dry standard cubic meter, corrected to 
seven percent oxygen, whichever is less stringent. 

(2) Emissions of mercury from sludge incinerators 
and sewage sludge incinerators are regulated 
under 15A NCAC 2D .1110. 

(3) Emissions of mercury and mercury compounds 
from the stack or chimney of a hazardous waste 
incinerator, medical waste incinerator, or any 
other type incinerator shall not exceed 0.032 
pounds per hour. 

(h) Beryllium Emissions. Beryllium emissions from 
sludge incinerators and sewage sludge incinerators shall 
comply with 15A NCAC . 1 1 10 (a)(2) of this Subchapter. 

(i) Lead Emissions. The daily concentration of lead in 
sewage sludge fed to a sewage sludge incinerator shall meet 
the r e quirements sp e cifi e d in 10 CFR 503.43(e). 

(1 ) Emissions of lead from each municipal waste 
combustor at a small municipal waste combustor 
plant shall not exceed 1 .6 milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen. 



(2) 



an 



Emissions of lead from each municipal waste 
combustor at a large municipal waste combustor 
plant shall not exceed 0.49 milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen. 



The daily concentration of lead in sewage sludge 
fed to a sewage sludge incinerator shall meet the 
requirements specified in 40 CFR 503.43(c). 
£j] Cadmium Emissions. 
( 1) Emissions of cadmium from each municipal waste 
combustor at a small municipal waste combustor 
plant shall not exceed 0.10 milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen. 



(2) Emissions of cadmium from each municipal waste 

combustor at a large municipal waste combustor 

plant shall not exceed 0.040 milligrams per dry 

standard cubic meter, corrected to seven percent 

oxygen. 

fk) fj-> Other Metal Emissions. The daily concentration 

of arsenic, cadmium, chromium, and nickel in sewage 

sludge fed to a sewage sludge incinerator shall meet the 

requirements specified in 40 CFR 503.43(d). 

(1) fk-) The owner or operator of an incinerator shall 
demonstrate compliance with Section .1100 of this Subchap- 
ter in accordance with 15 A NCAC 2H .0610. 
(m) Dioxins and Furans. 

( 1 ) The emissions of dioxins and furans from each 
municipal waste combustor located at a small 
municipal waste combustor plant shall not exceed 
125 nanograms per dry standard cubic meter (total 
mass) corrected to seven percent oxygen. 

(2) The emissions of dioxins and furans from each 
municipal waste combustor located at a large 
municipal waste combustor plant shall not exceed: 

(A) 60 nanograms per dry standard cubic meter 
(total mass) corrected to seven percent 
oxygen for facilities that employ an electro- 
static precipitator-based emission control 
system, or 

(B) 30 nanograms per dry standard cubic meter 
(total mass) corrected to seven percent 
oxygen for facilities that do not employ an 
electrostatic precipitator-based emission 
control system. 

(n) Nitrogen oxide. The emissions of nitrogen oxide 
from each municipal waste combustor located at a large 
municipal waste combustor plant shall not exceed the 
emission limits in Table 1 of Paragraph (d) of 40 CFR 
60.33b. Nitrogen oxide emissions averaging is allowed as 
specified in Paragraphs (d)( 1 )(i) through (d)( l)(v) of 40 
CFR 60.33b. Nitrogen oxide emissions control is not 
required for municipal waste combustors located at small 
municipal waste combustor plants, 
(o) Fugitive ash. 
( 1 ) On or after the date on which the initial perfor- 
mance test is completed, no owner or operator of 
a municipal waste combustor located at a small 
or large municipal waste combustor plant shall 
cause to be discharged to the atmosphere visible 
emissions of combustion ash from an ash convey- 
ing system (including conveyor transfer points) in 
excess of five percent of the observation period 
(i.e. , nine minutes per three-hour period), as 
determined bv EPA Reference Method 22 obser- 



Ql 



vations as specified in 40 CFR 60.58bfk), except 
as provided in Subparagraphs (2) and (3) of this 
Paragraph. 

The emission limit specified in Subparagraph ( 1 ') 
of this Paragraph covers visible emissions dis- 
charged to the atmosphere from buildings or 



1282 



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11:16 



PROPOSED RULES 



enclosures, not the visible emissions discharged 
inside of the buildings or enclosures, of ash 
conveying systems. 
(3) The provisions specified in Subparagraph (1) of 
this Paragraph do not a pply during maintenance 
and repair of ash conveying systems, 
(p) d} Ambient standards. 

(1) In addition to the ambient air quality standards in 
Section .0400 of this Subchapter, the following 
ambient air quality standards, which are an annual 
average, in milligrams per cubic meter at 77° F 
(25° C) and 29.92 inches (760 mm) of mercury 
pressure shall apply aggregately to all incinerators 
at a facility: 

(A) arsenic and compounds 2.3x10" 

(B) beryllium and compounds 4. 1x10^ 

(C) cadmium and compounds 5.5X10" 6 

(D) chromium(VI) and compounds 8.3x10"" 

(2) When Subparagraph (1) of this Paragraph and 
either Rule .0524, .1110, or .1111 of this Sub- 
chapter regulate the same pollutant, the more 
restrictive provision for each pollutant shall apply, 
notwithstanding provisions of Rule .0524, .1110, 
or .1111 of this Subchapter to the contrary. 

(3) The owner or operator of a facility with incinera- 
tors shall demonstrate compliance with the ambi- 
ent standards in Parts (1)(A) through (D) of this 
Paragraph by following the procedures set out in 
Rule .1106 of this Subchapter. Modeling demon- 
strations shall comply with the requirements of 
Rule .0533 of this Subchapter. 

(4) The emission rates computed or used under 
Subparagraph (3) of this Paragraph that demon- 
strate compliance with the ambient standards 
under Subparagraph (1) of this Paragraph shall be 
placed in the permit for the facility with incinera- 
tors as their allowable emission limits unless Rule 
.0524. . 1 1 10 or . 1 1 1 1 of this Subchapter requires 
more restrictive rates. 

Authority G.S. 143-215. 3(a)(1): 143-215. 107(a)(3), (4). (5). 

.1206 OPERATIONAL STANDARDS 

(a) The operational standards in this Rule do not apply to 
incinerators where operational standards in Rule .0524. 
.1110, or .1111 of this Subchapter apply. 

(b) Hazardous waste incinerators. Hazardous waste 
incinerators shall comply with 15A NCAC 13A .0001 
through ,0014, which are administered and enforced by the 
Division of Solid Waste Management. 

(c) Medical waste incinerators. Medical waste incinera- 
tors shall meet the following requirements: 

(1) The primary chamber temperature shall be at least 
1200°F. 

(2) The secondary chamber temperature shall be at 
least 1800°F. 

(3) Gases generated by the combustion shall be 



subjected to a minimum temperature of 1800°F 
for a period of not less than one second. 
Medical waste incinerators shall comply with 15 A NCAC 
13B .1207(3) and any other pertinent parts of 15A NCAC 
13B .1200, which are administered and enforced by the 
Division of Solid Waste Management. 

(d) Municipal waste combustor plants. Each municipal 
waste combustor located at a small or large municipal waste 
combustor plant shall meet the following operational 
standard: 

(1) The concentration of carbon monoxide at the 
combustor outlet shall not exceed the concentra- 
tion in Table 3 of Paragraph (a) of 40 CFR 
60.34b. The combustor technology named in this 
table is defined in 40 CFR 60.51b. 

(2) The load level shall not exceed 1 10 percent of the 
maximum demonstrated municipal waste combus- 
tor unit l oad, except as specified in Paragraphs 
Cb)(l) and fb)(2) of 40 CFR 60.53b. The maxi- 
mum demonstrated municipal waste combustor 
unit load is defined in 40 CFR 60.51b and the 
averaging time is specified under 40 CFR 
60.58b(i). 

(3) The temperature at which the combustor operates, 
measured at the particulate matter control device 
inlet, shall not exceed 63° Fahrenheit above the 
maximum demonstrated particulate matter control 
device temperature, except as specified in Para- 
graphs (c)(1) and (c)(2) of 40 CFR 60.53b. The 
maximum demonstrated particulate matter control 
device temperature is defined in 40 CFR 60.51b 
and the averaging time is specified under 40 CFR 
60.58b(i). 

(d) Municipal solid wast e incin e rators. — Municipal solid 
wast e incin e rators shall meet the following r e quirements: 

(1) The concentration — of carbon monoxide at the 
combustor outlet shall not exceed the conccntra 
tion in Tabl e — 1 of Paragraph (a) of 10 CFR 
60.36a. — Th e incinerator technology nam e d in this 
table is defined under 4 CFR 60.51a. 

(3) The temperature of the exhaust gas entering the 

particulate matt e r control d e vice shall not exceed 
150°F. 

<-3-) Gases generated — by — the combustion — shall — be 

subjected to a minimum temperature of 1800°F 
for a p e riod of not l e ss than on e s e cond. 

(e) Sludge incinerators. The combustion temperature in 
a sludge incinerator shall not be less than 1200°F. The 
maximum oxygen content of the exit gas from a sludge 
incinerator stack shall be: 

(1) 12 percent (dry basis) for a multiple hearth sludge 
incinerator, 

(2) seven percent (dry basis) for a fluidized bed 
sludge incinerator. 

(3) nine percent (dry' basis) for an electric sludge 
incinerator, and 

(4) 12 percent (dry basis) for a rotary kiln sludge 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1283 



PROPOSED RULES 



incinerator. 

(f) Sewage sludge incinerators. 

(1) The maximum combustion temperature for a 
sewage sludge incinerator shall be placed in the 
permit and based on information obtained during 
the performance test of the sewage sludge inciner- 
ator to determine pollutant control efficiencies. 

(2) The values for the operational parameters for the 
sewage sludge incinerator air pollution control 
device(s) shall be placed in the permit and be 
based on information obtained during the perfor- 
mance test of the sewage sludge incinerator to 
determine pollutant control efficiencies. 

(3) The monthly average concentration for total 
hydrocarbons, or carbon monoxide as provided in 
40 CFR 503.40(c). in the exit gas from a sewage 
sludge incinerator stack, corrected to zero percent 
moisture and seven percent oxygen as specified in 
40 CFR 503.44, shall not exceed 100 parts per 
million on a volumetric basis using the continuous 
emission monitor required in Subparagraph 
.1204(c)(1) of this Subchapter. 

(g) Crematory incinerators. Gases generated by the 
combustion shall be subjected to a minimum temperature of 
1600°F for a period of not less than one second. 

(h) Other incinerators. All incinerators not covered 
under Paragraphs (a) through (g) of this Rule shall meet the 
following requirement: Gases generated by the combustion 
shall be subjected to a minimum temperature of 1800°F for 
a period of not less than one second. The temperature of 
1800°F shall be maintained at least 55 minutes out of each 
60-minute period, but at no time shall the temperature go 
below 1600°F. 

(i) Except during start-up where the procedure has been 
approved in accordance with Rule .0535(g) of this Subchap- 
ter, waste material shall not be loaded into any incinerators 
covered under Paragraphs (c), (d), (g), or (li) when the 
temperature is below the minimum required temperature. 
Start-up procedures may be determined on a case-by-case 
basis in accordance with Rule .0535(g) of this Subchapter. 
Incinerators covered under Paragraphs (c), (d), (g). or (h) 
shall have automatic auxiliary burners that are capable of 
maintaining the required minimum temperature in the 
secondary chamber excluding the heat content of the wastes. 

Authority G.S. 143-215. 3(a)(1): 143-215. 107(a)(5). 

.1207 EXCESS EMISSIONS AND START-UP 
AND SHUT-DOWN 

All incinerators shall comply with Rule .0535 .0535, 
Excess Emissions Reporting and Malfunctions, of this 
Subchapter. 

Authority G.S. 143-215. 3(a)(1): 143-215. 107(a)(4), (5). 

.1208 OPERATOR TRAINING AND 
CERTIFICATION 



(a) By January 1, 1999, or six months after the date of 
startup of a municipal waste combustor located at a small 
municipal waste combustor plant, whichever is later, and by 
September L, 1998 or six months after the date of startup of 
a municipal waste combustor located at a large municipal 
waste combustor plant, whichever is later: 

(1 ) Each facility operator and shift supervisor of a 
municipal waste combustor shall obtain and 
maintain a current provisional operator certifica- 
tion from the American Society of Mechanical 
Engineers (ASME QRO-1-1994). 



Ql 



l2j 



Each facility operator and shift supervisor of a 
municipal waste combustor shall have completed 
full certification or shall have scheduled a full 
certification exam with the American Society of 
Mechanical Engineers (ASME QRO-1-1994). 
The owner or operator of a small or large munici- 
pal waste combustor plant shall not allow the 
facility to be operated at any times unless one of 
the following persons is on duty at the affected 
facility: 



(A) 

mi 



a fully certified chief facility operator, 
a provisionally certified chief facility opera- 
tor who is scheduled to take full certifica- 



tion exam according to the schedule speci- 
fied in Subparagraph (2) of this Paragraph. 

(C) a fully certified shift supervisor, or 

(D) a provisionally certified shift supervisor 
who is scheduled to take the full certifica- 
tion exam according to the schedule speci- 
fied in Subparagraph (2) of this Paragraph. 

If one of the persons listed in this Subparagraph 
leaves the affected facility during their operating 
shift, a provisionally certified control room 
operator v. ho is onsite at the affected facility- ma\ 
fulfill the requirements in this Subparagraph, 
fb) The owner or operator of a municipal waste combus- 
tor located at a small or large municipal waste combustor 
plant shall develop and update on a yearly basis a site- 
specific operating manual that shall at the minimum address 
the elements of municipal waste combustor unit operation 
specified in 40 CFR 60.54b Paragraphs (e)(1) through 
(e)(H). 

(c) By September f, 1998, or six months after the date 
of startup of a municipal waste combustor located at a small 
or large municipal waste combustor plant, whichever is 
later, the owner or operator of the municipal waste combus- 
tor plant shall comply- with Subparagraphs (Jj to (3) of this 
Paragraph. 

(1) All chief facility operators, shift supervisors, and 

control room operators shall complete the EPA 

municipal waste combustor training course. 

(A) The requirements specified in Subparagraph 

( 1 ) of this Paragraph shall not apply to 

chief facility operators, shift supervisors, 

and control room operators who have 

obtained full certification from the Ameri- 



1284 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



PROPOSED RULES 



can Society of Mechanical Engineers on or 
before September 1, 1998. 
(B) The owner or operator may request that the 
Administrator waive the requirement speci- 
fied in Subparagraph (1) of this Paragraph 
for chief facility operators, shift supervi- 
sors, and control room operators who have 
obtained provisional certification from the 
American Society of Mechanical Engineers 
on or before September l± 1998. 

(2) The owner or operator of a municipal waste 
combustor located at a small or large municipal 
waste combustor plant shall establish a training 
program to review the operating manual, accord- 
ing to the schedule specified in Parts (A) and £B) 
of this Subparagraph, with each person who has 
responsibilities affecting the operation of an 
affected facility, including the chief facility opera- 
tors, shift supervisors, control room operators, 
ash handlers, maintenance personnel, and crane- 
load handlers. 

(A) Each person specified in Subparagraph 
(c)(2) of this Rule shall undergo initial 
training no later than the date specified in 
Subparts (c)(2)(A)(i). (c)(2)(B)(ii). or 
(c)(2)(C)(iii) of this Rule, whichever U 
later. 

(i) The date six months after the date of 

startup of the affected facility; 
£ii} September 1. 1998; 
(iii) The date prior to the day when the 
person assumes responsibilities af- 
fecting municipal waste combustor 
unit operation. 

(B) Annually, following the initial training 
required by Part (c)(2)(A) of this Rule. 

(3) The operating manual required by Paragraph (c) 
of this Rule shall be kept in a readily accessible 
location for all persons required to undergo 
training under Subparagraph (c)(2) of this Para- 
graph. The operating manual and records of 
training shall be available for inspection by the 
personnel of the Division on request. 

(d) The referenced ASME exam in this Rule is hereby 
incorporated by reference and includes subsequent amend- 
ments and editions. Copies of the referenced ASME exam 
may be obtained from the American Society of Mechanical 
Engineers (ASME), 22 Law Drive. Fairfield, NJ 07007, at 
a cost of forty nine dollars ($49.00). 

Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(10). 

.1209 COMPLIANCE SCHEDULES 

(a) Except for municipal waste combustor located at a 
small or large municipal waste combustor plant, the owner 
or operator of any incinerator for which construction began 
after September 30, 1991, shall be in compliance with this 



Section or Rule . 1 1 10 of this Subchapter, whichever is 
a pplicable, before beginning operation. 

(b) The owner or operator of a large municipal waste 
combustor plant shall choose one of the following three 
compliance schedule options: 

(1) comply with all the requirements or close before 
September 1, 1998; 

(2) comply with all the requirements after one year 
but before three years following the date of 
issuance of a revised construction and operation 
permit, if permit modification is required, or after 
September 1, 1998 but before July 1 , 2000, if a 
permit modification is not required. If this option 
is chosen, then the owner or operator of the 
facility shall submit to the director measurable and 
enforceable incremental steps of progress towards 
compliance which include: 

(A) a date by which contracts for the emission 
control system or equipment shall be 
awarded or orders issued for purchase of 
component parts; 

(B) a date by which on site construction, instal- 
lation, or modification of emission control 
equipment shall begin: 

(C) a date by which on site construction, instal- 
lation, or modification of emission control 
equipment shall be completed; 

(D) a date for initial startup of emissions con- 
trol equipment; 

(E) a date for initial performance test(s) of 
emission control equipment; and 

(F) a date by which the facility shall be in 
compliance with this Section, which shall 
be no later than three years from the issu- 
ance of the permit; or 

(3) close between September J^ 1998 and July J^ 
2000. If this option is chosen then the owner or 
operator of the facility shall submit to the Director 
a closure agreement which includes the date of the 
plant closure. 

(c) The owner or operator of a small municipal waste 
combustor plant shall comply with all requirements, or 
close, within three years following the date of issuance of a 
revised construction and operation permit, if a permit 
modification is required, or by_ July l± 2000, if a permit 
modification is not required. 

(d) All municipal waste combustors located within large 
municipal waste combustor plant for which construction, 
modification, or reconstruction commenced after June 26, 
1987, but before September 19. 1994. shall comply with the 
emission limit for mercury specified in Subparagraph (g)(2) 
of Rule .1205 of this Section and the emission limit for 
dioxin and furan specified in Subparagraph (m)(2) of Rule 
.1205 of this Section within one year following issuance of 
a revised construction and operation permit, if a permit 
modification is required, or by September J^ 1998. which- 
ever is later. 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1285 



PROPOSED RULES 



HH — The owner or operator of an incinerator subject to 
Paragraphc (f), (g). 00 or (1) of Rule 1205 of this S e ction 
or oubjeot to Paragrapho (d) through (h) of Rul e .1206 of 
this Section except medical waste incinerators and hazardous 
waste incinerators that: 

fj^ bogino oonotruotion aft e r Septemb e r 30, 1991, 

shall bo in complianc e with Rule .1205 of this 
Section and Paragraphs (d) through (i) of Rul e 
.1206 of this Section before beginning operation. 

f£) bogino construction — or is in operation befor e 

Octob e r 1, 1991, shall adhere to th e following 
increments of progress and schedules: 

fA) Documentation that the incinerator meets 

the r e quirements of Paragraphs (f). (g). 
(k), and (1) of Rule .1205 of this S e ction 
and Paragraphs (d) through (i) of Rule 
. 1206 of this Section or an air permit appli 
oation including final plans and a eompli 
once sch e dule shall b e submitt e d b e for e : 

fi) April 1. 1992, for incinerators at 

plant sites with an incinerator capac 
ity — el — 1000 pounds — pe* — hour or 
mor e ; 

fit) October 1, 1992. for incinerators at 

plant sites with an incinerator capac 
ity of l e ss than 1000 pounds p e r 
hour but 100 pounds p e r hour or 
more; 

fitt) April 1, 1993, for incinerators at 

plant sit e s with an incin e rator capac 
it)' of less than ' 100 pounds per hour 
but 200 pounds per hour or more: 

(iv) October 1, 1993, for plant sites with 

an incin e rator capacity of l e ss than 
200 pounds p e r hour. 

<-&) The compliance schedule shall contain the 

following increments of progress: 

fi) a date by which contracts for th e 

e mission control syst e m or process 
equipment shall be awarded or or 
ders shall be issued for purchase of 
compon e nt parts: 

fit) a dat e by which on sit e construction 

or installation of the emission control 
or process equipment shall begin; 

fi+t) a dat e by which on sit e construction 

or in s tallation of th e e mission contro l 
or proce ss equipment s hall be com 
pleted; and 

(iv) a dat e by which final complianc e 

s hall b e achi e v e d. 

fG) The final compliance date under Paragraph 

(a)(2)(B) of this Rule s hall not be later 

(i) April — i~, — 1991. for incin e rators at 
plant sites with an incinerator capac 
rty — ef- — 1000 — pound s — pef — hour or 



moro; 

(«3 Octob e r 1, 1991, for incinerators at 

plant cit e s with an incin e rator capao 
ity of loss than 1000 pounds per 
hour but 4 00 pounds per hour or 
mor e ; 

(«*) April 1, 1995, for incin e rators at 

plant sites with an incinerator capac 
ity of less than 100 pounds per hour 
but 200 pounds p e r hour or moro; 

fw) Octob e r 1, 1995. for incin e rators at 

plant sites with an incinerator capac 
ity of less than 200 pounds per hour, 
(b) Th e owner or operator of a m e dical wast e incinerator 



t hfl t' 

(1) begins construction after September 30, — 1991, 
shall be in compliance with Rule .1205 of this 
S e ction and Paragraphs (c) and (i) of Rule .1206 
of this S e ction b e for e b e ginning op e ration: 

fS) begins construction or is in operation before 

October 1, 1991, shall adhere to the following 
incr e m e nts of progr e ss and sch e dul e s: 

fA) Docum e ntation that th e incin e rator m ee ts 

the requirements of Paragraphs (0. (g), 
(k), and (1) of Rule .1205 of this Section 
and Paragraph (c) of Rul e .1206 of this 
S e ction or on air p e rmit application inolud 
ing final plans and a compliance schedule 
shall be submitted following the schedule 
sat out in Paragraph (a)(2)(A) of this Rul e ; 

fB) Th e complianc e s ch e dul e shall contain th e 

same increments of progress as required by 
Paragraph (a)(2)(B) of this Rule: 

fG) Final complianc e shall b o achi e v e d no lat e r 

than January 1, 1995. 
(c) The owner or operator of a hazardous waste ineinera 
tor that: 

(4) b e gins construction aft e r Sept e mb e r 30, 1991, 

shall b e in complianc e with Rul e .1205 of this 
Section before beginning operation; 

f2-) begins construction — or is in operation before 

Octob e r 1, 1991, shall adh e r e to th e following 
incr e m e nts of progress and sch e dul e s: 

fA) Documentation that the incinerator meets 

the requirements of Rule .1205 of this 
S e ction or docum e ntation — that a p e rmit 
application has been fil e d with th e Division 
of Solid Waste Management to make neces 
sary modification s to bring the incinerator 
into complianc e with Rul e .1205 of this 
S e ction and a complianc e sch e dul e shall be 
submitted before April 1. 1992; 

fB) The compliance schedule shall contain the 

dat e by which a p e rmit application shall be 
submitt e d to th e Division of Environm e ntal 
Management and the increments of prog 
ress required by Paragraph (a)(2)(B) of this 



1286 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



PROPOSED RULES 



I>iiI q. 

(C) Final oomplianoe sha l l b e achi e v e d within 
two y e aro after r e c ei pt of a p e rmit from th e 
Divis i on of Solid Waste Management, but 
before October 1, 1995. 

(d) The owner or op e rator of a oowago sludg e inoin e rator 
ohall" 

(4-) bo in oomplianoe with Rule .1205 and .1206 of 

this Section before beginning operation. — When 
oomplianoe with th e standards requires the oon 
otruot i on — of n e w — pollution oontrol — faciliti e s, 
compliance with the s tandards shall bo achieved as 
expeditiously as practicable, but in no case later 
than F e bruary 19, 1995. 

(2) comp l y w i th th e monitoring and r e cordk ee ping 

roquiromonta for total hydrocarbons in the exit gas 
from a sewage sludge incinerator boforo beginning 
op e ration or F e bruary 19, 19 9 5, if oomplianoe 
with the op e rational standard for total hydrooar 
pons in this Section r e quires con s truction of now 
pollution control facil i ties. 

(3) submit a p e rmit application to c e rt i fy oomplianoe 

with this S e ct i on by August 1, 1995. 

(e) The owner or operator shall certify to the Director 
within five days after the deadline, for each increment of 
progress, whether the required increment of progress has 
been met. 

Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(4), (5). 



11:16 NORTH CAROLINA REGISTER November 15, 1996 1287 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant 
to G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule -making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Rule-making Agency: Social Services Commission 

Rule Citation: 10 NCAC 35E .0101. .0105 - .0106, .0308; 
42J .0001, .0004 - .0005 

Effective Date: October 21. 1996 

Findings Reviewed and Approved by: Beecher R. Gray 



Authority for the rule-making: 

153(2a)b; 42 C.F.R. 441.253 



G.S. 143B-153; 143B- 



Reason for Proposed Action: Tlie budget bill (House Bill 
53) ratified by the North Carolina General Assembly, on 
August 3, 1996, contains provisions to eliminate Social 
Services Block Grant (Title XX) funding line items for 
voluntary sterilization and the administrative support services 
necessary to contract with the Department of Environment , 
Health, and Natural Resources (DEHNR) for the processing 
of Title XX-funded voluntary sterilization claims. The 
elimination of these funds is effective July 1, 1996. As a 
result, the Division will no longer be able to reimburse or 
process claims for voluntary sterilization or abortion services 
funded through Social Services Block Grant (Title XX) funds. 
The proposed changes in the Rules listed above are neces- 
sary to eliminate federally funded voluntary sterilization and 
abortion as mandated Resource Items under Health Support 
Sendees, and to update various references to these compo- 
nents in the language of the Rules. In addition, the pro- 
posed changes are necessary to remove old language from 
the Rules allowing the use of Title XX to fund abortions, so 
as to comply with federal restrictions on abortion funding. 

Comment Procedures: Anyone wishing to comment on 
these proposed rules should contact Sharnese Ransome, APA 
Coordinator, Social Services Commission, NC Division of 
Social Services. 325 N. Salisbury Street, Raleigh, NC 
27603, phone, 919/733-3055. 

CHAPTER 35 - FAMILY SERVICES 

SUBCHAPTER 35E - SOCIAL SERVICES 
BLOCK GRANT (TITLE XX) 

SECTION .0100 - CONDITIONS OF 
ELIGIBILITY 

.0101 BASIC ELIGIBILITY CRITERIA 

In addition to the requirements of 10 NCAC 35D .0300. 



in order for an individual to be determined eligible to 
receive services funded under the Social Services Block 
Grant (Title XX), it must be established that he is eligible 
on the basis of need as specified in the target population for 
the services requested as set forth in 10 NCAC 35 through 
37 and 10 NCAC 41 through 42 except that for purposes of 
providing child day care services, transportation services, or 
the federally funded abortion and sterilization resource items 
of health support services, eligibility must also be deter- 
mined on the basis of his income maintenance or income 
eligible status. 

History Note: Authority G.S. 143B-153; 
Eff. July 1, 1983; 

Amended Eff. May 1, 1990; July 1, 1989; 
Temporary Amendment Eff. October 21 , 1996. 



.0105 MAXIMUM INCOME LEVELS FOR 
SERVICES 

(a) Sixty Percent of Established Income. An individual 
whose income unit*s gross monthly income is less than 60 
percent of the state's established income, adjusted according 
to size of the income unit as defined in Rule .0103 of this 
Section, may be eligible for transportation services or the 
federally funded abortion and sterilization resource it e ms 
item of health support services funded under the Social 
Services Block Grant (Title XX) if available in the county 
in which he lives. 

(b) Eighty Percent of Established Income. An individual 
whose income unit's gross monthly income is as much as 60 
percent but less than 80 percent of the state's established 
income, adjusted according to size of the income unit as 
defined in Rule .0103 of this Section, may be eligible for 
the federally funded abortion and sterilization resource it e ms 
item of health support services if available in the county in 
which he lives. 

History Note: Authority G.S. 143B-153(2a)b; 

Eff. July 1, 1983; 

Amended Eff. March 1, 1994; July 1, 1989; October 1, 

1987: July 1, 1984; 

Temporary Amendment Eff. October 21 . 1996. 



0106 WITHOUT REGARD TO INCOME 
STATUS 

Individuals may be determined eligible for the following 
services on the basis of need for the service and without 
regard to their income: 

(1) adoption services; 

(2) adult placement services; 
foster care services for children: 
protective services for adults; 
protective services for children; 



(3) 

(4) 
(5) 



1288 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



TEMPORARY RULES 



(6) child day care services, transportation services 
and the federally funded abortion and sterilization 
resource itomo item of health support services 
funded under the Social Services Block Grant 
(Title XX) that are needed in conjunction with 
protective services may be provided without 
regard to income during the first 12 months that 
protective services are provided if such service is 
available in the county in which the individual 
lives and the agency has received a report pursu- 
ant to G.S. 7A-543 or G.S. 108A-102, has initi- 
ated protective services in accordance with pro- 
gram policies, and has determined that such other 
services are needed to support the provision of 
protective services; 

(7) delinquency prevention (including residential 
care); 

(8) employment and training support services (includ- 
ing transportation and resource items); 

(9) health support services (including transportation 
and resources for the aging, disabled or handi- 
capped but excluding the sterilization and abortion 
resource items); item); 

(10) individual and family adjustment services (includ- 
ing camping component); 

(11) problem pregnancy (including residential ser- 
vices); 

(12) community living services: 

(13) day care services for adults; 

(14) housing and home improvement services (includ- 
ing resource items); 

(15) in-home aide services (levels I through IV) as 
described in 10 NCAC 42H .0903 and .0904, 
which is incorporated by reference, including 
subsequent amendments and editions. Copies of 
these Rules may be obtained from the Office of 
Administrative Hearings, Post Office Drawer 
27447, Raleigh, NC 27611-7447, (919) 733-2678, 
at a cost of two dollars and fifty cents ($2.50) for 
up to ten pages and fifteen cents ($.15) for each 
additional page at the time of the adoption of this 
Rule; 

(16) personal and family counseling; 

(17) preparation and delivery of meals; and 

(18) residential treatment for the emotionally disturbed. 

History Note: Authority G.S. 143B-153(2a)b; 

Eff. July 1, 1983; 

Amended Eff. March 1, 1994; December 1, 1991; May 1, 

1990; July 1, 1989; 

Tentporary Amendment Eff. October 21 . 1996. 

SECTION .0300 - SERVICE DEFINITIONS 

.0308 HEALTH SUPPORT SERVICES 

(a) Primary Service. Health support services means 
helping individuals and families to recognize health needs 



including those related to alcohol and drug abuse, to cope 
with incapacities and limited functioning resulting from 
aging, disability, or handicap and to choose, obtain and use 
resources and mechanisms of support under Medicaid 
(including the early and periodic screening, diagnosis and 
treatment program), medicare, maternal and child health 
programs and from other public or private agencies or 
providers of health services; counseling and planning, as 
appropriate, with individuals, families, and health providers 
to help assure continuity of treatment and the carrying out 
of health recommendations; helping individuals to secure 
admission to medical institutions and children to secure 
admission to other health-related facilities as needed; and 
family planning services as described in (3) £b) of this Rule. 
At county option, transportation, when not otherwise 
available, may be provided as necessary to access needed 
medical and health care resources. 

(b) Components. Family planning services to enable 
individuals and families to voluntarily limit the family size 
or to space the children, and to prevent or reduce the 
incidence of births out of wedlock. Such services include 
educational activities, the provision of printed materials, 
counseling about family planning and genetics, and help in 
utilizing medical and educational services available in the 
community and state. Also included are educational 
services in human sexuality appropriate to an individual's 
emotional and social adjustment and physical development. 

(c) Optional Resource Items. 

(1) Mandated Resources: Medical Services. 

(A) For individuals who are recipient of 
AFDC, SSI, or protective services or 
whose family income is less than 80 per- 
cent of the state's established income maxi- 
mum for social services eligibility, payment 
for medical services for nontherapeutic 
sterilization, sterilization and payment for 
abortion in cases whoro the mother's life 
would b e e ndang e r e d if th e f e tuo wore 
oarri e d to t e rm. 

(R) For women who are recipients of AFDC, 
SSI, or protective services or whoso in 
oom e do e s not oxoood 50 p e ro e nt of th e 
stat e 's established inoom e maximum for 
social — services — eligibility , payment — fef 
abortion under tho state abortion fund. 

(2) Optional R e oourooo. Resources for the Aging, 
Disabled or Handicapped. At county option any 
combination of the following resource items may 
be provided as needed and appropriate to enable 
aging, disabled or handicapped individuals to 
attain or maintain the highest level of functioning 
possible, to promote their well-being and to 
prevent or reduce inappropriate institutional care. 
(A) Assistance with communication to enable 

individuals to utilize needed health and 
medical resources and other community 
services and resources through the provi- 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1289 



TEMPORARY RULES 



sion of interpreters for the deaf and the 
provision of telephones when not otherwise 
available for the aging, disabled, or handi- 
capped who are alone and homebound, or 
who have a health or medical condition 
which necessitates ready access to or fre- 
quent use of a telephone in their home. 

(B) Mobility assistance for aging, disabled and 
handicapped persons, through the installa- 
tion of ramps, rails and other safety mea- 
sures at the individual's home and the 
provision of escort service to health facili- 
ties and other needed resources for individ- 
uals unable to travel or wait alone. 

(C) Arranging for or providing friendly visitors 
or companions for part of a day to assist 
individuals who, because of frailty, physi- 
cal or mental disability, or social isolation, 
have limited contacts with other people. 
Such companionship service offers mental 
and physical stimulation and provides an 
opportunity for observation as to the need 
for professional help of any kind. 

(D) Provision of special health needs and sup- 
plies such as ostomy supplies, oxygen, 
bandages, orthopedic and other appliances 
needed by aging and disabled individuals in 
their own homes and not available through 
Medicaid, Medicare or resources without 
cost. 

(d) Target Population: 

(1) individuals or families experiencing health related 
problems; 

(2) for the family planning component, individuals 
(male or female) who are of age to produce 
children. 

History Note: Authority G.S. 143B-153; 

Eff. February 8, 1977; 

Amended Eff. March 1, 1983; September 1, 1982; March 1, 

1982; October 1, 1979; 

Transferred from T10.43D .0212 Eff. July 1, 1983; 

Amended Eff. March 1, 1994; July 1, 1984; 

Temporary Amendment Eff. October 21 , 1996. 



CHAPTER 42 



INDIVIDUAL AND FAMILY 
SUPPORT 



SUBCHAPTER 42J - HEALTH SUPPORT 
SERVICES 

.0001 NATURE AND PURPOSE 

(a) The definition of health support services is set forth 
in 10 NCAC 35E .0300. 

(b) Medical services (diagnosis, treatment and care) are 
limited to nontherapeutic sterilization, sterilization and 
abortion. 



History Note: Authority G.S. 143B-153; 

Eff. March 1, 1977; 

Readopted Eff. October 31, 1977; 

Amended Eff. July 1, 1990; July 1, 1984; June 1, 1982; 

September 15, 1978; 

Temporary Amendment Eff. October 21. 1996. 

.0004 MEDICAL SERVICES 

(a) Medical services related to abortion — and 
nontherapeutic sterilization as described in 10 NCAC 35E 
.0300 must be performed by licensed or certified medical 
providers. 

(b) Nontherapeutic sterilization is provided only for 
persons 21 years of age or older who are capable of giving 
informed consent. Nontherapeutic sterilization is any 
procedure or operation the primary purpose of which is to 
render an individual permanently incapable of reproducing. 

History Note: Authority G.S. 143B-153; 42 C.F.R. 

441.253; 

Eff. June 1, 1982; 

Amended Eff. July 1, 1990; July 1, 1984; 

Temporary Amendment Eff. October 21 , 1996. 

.0005 FUNDING FOR MEDICAL SERVICES 

(a) Title XIX (medicaid) shall be utilized as the first 
funding option for mandat e d r e eouro e o. medical services. 
If Title XIX cannot bo used, the individual's eligibility for 
Title XX and other funding resources should be explored. 
Titl e XX reimbursem e nt will b e at m e dioaid rat e s. — El e ctiv e 
abortions may b e provid e d with Stat e Abortion Funds. 
Nonoloctivo abortions may bo provided under specifically 
limited oireumstnncoa. and funded by Titlos XIX and XX of 
the Social S e curity Aot. County departments of social 
services electing to provide medical services as described in 
K) NCAC 35E .0300 shall be responsible for the processing 
and payment of provider claims pursuant to those medical 
services authorized by the county. 

(b) If individuals have health insurance which will cover 
all or part of the bill for medical services, the amount 
allowed under Title XX will be the difference between the 
insurance payment and the maximum amount which would 
be allowed at medicaid rates. If the individual's insurance 
pays more than the allowable medicaid rate no funds will be 
available from Title XX. 

(c) Provider claims for authorized medical services must 
be filed within the time limits prescribed in medicaid policy 
unless otherwise designated by the division. 

History Note: Authority G.S. 143B-153; 

Eff. June 1, 1982; 

Amended Eff. July 1, 1990; July 1, 1984; July 1, 1982; 

Temporary Amendment Eff. October 21 , 1996. 



1290 



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November 15, 1996 



11:16 



APPROVED RULES 



This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its 
meeting of October 17, 1996 pursuant to G.S. 150B-21. 17(a)(1) and reported to the Joint Legislative Administrative 
Procedure Oversight Committee pursuant to G.S. 150B-21. 16. The full text of rules are published below when the rules 
have been approved by RRC in a form different from that originally noticed in the Register or when no notice was 
required to be published in the Register. The rules published in full text are identified by an * in the listing of approved 
rules. Statutory Reference: G.S. 150B-21.17. 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 1997 Regular Session of the 
General Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that 
specifically disapproves the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on 
the day the bill receives an unfavorable final action or the day the General Assembly adjourns. Statutory reference: G. S. 
150B-21.3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



10 NCAC 03R .3001* 

10 NCAC 03R .3010 

10 NCAC 03R .3020* 

10 NCAC 03R .3032* 

10 NCAC 41P .0008* (Eff. 11-1-96) 

15A NCAC 10B .0106* 

15A NCAC 10B .0123 

15A NCAC 10F .0307 

15A NCAC 10G .0102 

15A NCAC 10G .0103 

15A NCAC 10G .0202 

15A NCAC 10G .0203 

15A NCAC 10G .0206 

15A NCAC 10G .0302 

15A NCAC 10G .0303 

15A NCAC 10G .0401 

15A NCAC 10G .0402* 

15A NCAC 10G .0403* 

15A NCAC 10G .0404* 

15A NCAC 10G .0501* 

15A NCAC 101 .0002* 

15A NCAC 18A .2601 

19ANCAC03E .0511* 

21 NCAC 12 .0204 

21 NCAC 12 .0503* 

21 NCAC 69 .0102* 

21 NCAC 69 .0302* 

21 NCAC 69 .0303* 

21 NCAC 69 .0304* 

21 NCAC 69 .0305* 

21 NCAC 69 .0307* 

21 NCAC 69 .0401* 

21 NCAC 69 .0402* 

26 NCAC 03 .0301 

26 NCAC 03 .0302 

26 NCAC 03 .0303 

26 NCAC 03 .0304 

26 NCAC 03 .0305 



11 


08 NCR 452 




11 


08 NCR 453 




11 


08 NCR 456 




11 


08 NCR 465 




not required, G.S. 


150B-21. 5(a)(5) 


11 


08 NCR 495 




11 


08 NCR 497 




11 


07 NCR 412 




11 


07 NCR 413 




11 


07 NCR 413 




11 


07 NCR 413 




11 


07 NCR 413 




11 


07 NCR 413 




11 


07 NCR 413 




11 


07 NCR 413 




11 


07 NCR 415 




11 


07 NCR 415 




11 


07 NCR 415 




11 


07 NCR 415 




11 


07 NCR 416 




11 


08 NCR 498 




11 


05 NCR 273 




11 


07 NCR 405 




11 


09 NCR 584 




11 


09 NCR 585 




11 


08 NCR 523 




11 


08 NCR 525 




11 


08 NCR 525 




11 


08 NCR 525 




11 


08 NCR 525 




11 


08 NCR 525 




11 


08 NCR 526 




11 


08 NCR 527 




11 


09 NCR 588 




11 


09 NCR 588 




11 


09 NCR 588 




11 


09 NCR 588 




11 


09 NCR 588 





11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1291 



APPROVED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTIFICATE OF NEED 
REGULATIONS 

SECTION .3000 - STATE MEDICAL 
FACILITIES PLAN 

.3001 CERTIFICATE OF NEED REVIEW 

CATEGORIES 

The agency has established nine categories of facilities 
and services for certificate of need review and wtW shall 
determine the appropriate review category or categories for 
all applications submitted pursuant to 10 NCAC 3R .0304. 
For proposals which include more than one category, the 
agency may require the applicant to submit separate applica- 
tions. If it is not practical to submit separate applications, 
the agency wiU shall determine in which category the 
application will be reviewed. The review of an application 
for a certificate of need wHi shall commence in the next 
review schedule after the application has been determined to 
be complete. The nine categories of facilities and services 
are: 

(1) Category A. Proposals for acute health service 
facilities, except those proposals included in 
Categories B through H, including but not 
limited to the following types of projects: 
renovation, construction, equipment, and acute 
care services. 

(2) Category B. Proposals for long-term nursing 
facility and new continuing care facilities apply- 
ing for exemption under 10 NCAC 3R 
.3050(b)(2). 

(3) Category C. Proposals for new psychiatric 
facilities; psychiatric beds in existing health 
care facilities; new intermediate care facilities 
for the mentally retarded (ICF/MR) and 
ICF/MR beds in existing health care facilities; 
new substance abuse and chemical dependency 
facilities; substance abuse and chemical depend- 
ency beds in existing health care facilities. 

(4) Category D. Proposals for new or expanded 
ond otage — r e nal — dis e ase — tr e atm e nt — faciliti e s; 
dialysis stations in response to the "county 
need" or "facility need" methodologies; and 
relocations of existing dialysis stations to an- 
other county. 

(5) Category E. Proposals for new or expanded 
inpatient rehabilitation facilities and inpatient 
rehabilitation beds in other health care facilities; 
and new or expanded ambulatory surgical 
facilities except those proposals included in 
Category H. 



(6) Category F. Proposals for new home health 
agencies or offices, new hospice home care 
programs, new hospice inpatient beds, and new 
hospice residential beds. 

(7) Category G. Proposals for converting hospital 
beds to nursing care under 10 NCAC 3R 
.3050(b)(1); and for demonstration projects 
designated in the SMFP. new dialysis stations 
as the result of "adjusted need determinations" 
for Dare and Carteret counties. 

(8) Category H. Proposals for bone marrow 
transplantation services, bum intensive care 
services, neonatal intensive care services, open 
heart surgery services, solid organ transplanta- 
tion services, air ambulance equipment, cardiac 
angioplastie angioplasty equipment, cardiac 
catheterization equipment, heart-lung bypass 
machin e , machines, gamma knif e , knives, 
lithotriptors, magnetic resonance imaging 
scanner, scanners, positron emission tomogra- 
phy scanners, and major medical equipment as 
defined in G.S. 131E-176(14f). diagnostic 
centers as defined in G.S. 131E-176(7a), and 
oncology treatment centers as defined in G.S. 
131E-176(18a). 

(9) Category I. Proposals involving cost overruns; 
expansions of existing continuing care facilities 
which are licensed by the Department of Insur- 
ance at the date the application is filed and are 
applying under exemptions from need determi- 
nations in 10 NCAC 3R .3030; relocations 
within the same county of existing health ser- 
vice facilities, beds or dialysis stations which do 
not involve an increase in the number of health 
service facility beds or stations; reallocation of 
beds or stations; Category A proposals submit- 
ted by Academic Medical Center Teaching 
Hospitals designated prior to January 1, 1990; 
proposals submitted pursuant to 10 NCAC 3R 
.3050(a)(3) by Academic Medical Center 
Teaching Hospitals designated prior to January 
1, 1990; and any other proposal not included in 
Categories A through H. 

History Note: Filed as a Temporary Amendment Eff. 

January 1, 1995 for a period of 180 days or until the 

permanent rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. December 31 , 1993 

for a period of 180 days or until the permanent rule becomes 

effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. April 2, 1993 for a 

period of 180 days or until the permanent rule becomes 

effective, whichever is sooner; 

Filed as a Temporary Rule Eff. May 31, 1992 for a period 

of 153 days to expire on October 31, 1992; 

Authority G.S. 13 1E-1 76(25); 131E-177(l);13IE-183(b); 



1292 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



APPROVED RULES 



Eff. November 2, 1992; Temporary Amendment Eff. January 1, 1996; 

Amended Eff. April 1, 1995; April 1, 1994; September 1, Amended Eff. April 1^ 1997. 
1993; January 4, 1993; 

.3020 CERTIFICATE OF NEED REVIEW SCHEDULE 

The agency has established the following schedule for review of categories and subcategories of facilities and services in 
±99£r 1996. 

(1) Category B. Subcategory Long-Term Nursing Facilities. 



County 



HSA 



Alexander 


I 


Caldwell 


i 


Graham 


I 


Transylvania 


i 


Randolph 


B 


Moore 


V 


Craven 


¥J 


Camden 


V4 


Carteret 


V4 


Jones 


Vi 


HvdO 


V4 


Gets* 


V4 




¥4 




Henderson 




McDowell 




Rutherford 




Watauga 




Alamance 




Lee 




Wake 




Cumberland 




New Hanover 




Pender 




Onslow 





CON Beginning 
Review Date 



Pitt 



February 1, 1995 April 1, 1996 

April 1, 1995 

April 1, 1995 

Auguot 1, 1995 

August 1, 1995 

May 1, 1995 

March 1. 1995 

S e pt e mber 1, 1995 

September 1, 1995 

March 1. 1995 

May 1, 1995 

D e c e mb e r 1, 1995 

December 1, 1995 

April 1, 1996 

August 1, 1996 

March 1, 1996 

March 1, 1996 

August 1, 1996 

September L, 1996 

May 1. 1996 

December 1, 1996 

September _L 1996 

May 1, 1996 

March 1, 1996 

May 1, 1996 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1293 



APPROVED RULES 



Carteret 



July 1, 1996 



(2) Category C. 

(a) Subcategory Intermediate Care Facilities for Mentally Retarded. 



Mental Health Planning Areas (Constituent Counties) 
County 



Buncombe. Madison. Mitchell, Yancey 
Alleghany. Ashe, Avery. Watauga. Wilkes 
Caldwell. Burk e . Al e xand e r. MoDow e ll 



Ruth e rford. Polk 
Forsyth. Stokes 
Guiiford 
Davidson 
Gaoton, Lincoln 
Stanly. Cabarrus. Union 
Orange. Person, Chatham 
Robooon, Bladen, Scotland, Columbus 
Cumb e rland 

New Hanover, Brunswick, Pend e r 
Edgecombe. Nash 
P+tt 

H e rtford, B e rti e . Gat es , Northampton 
Pasquotank, Chowan, Perquimans, Camden. 
Dare, Currituck 

2 (Buncombe, Madison, Mitchell, Yancey) 

3 ( Alleghany, Ashe, Avery, Watauga, Wilkes) 
5 ( Caldwell, Burke, Alexander, McDowell) 
21 ( Davidson) 

JO ( Mecklenburg) 

12 ( Stanley, Cabarrus, Union) 

18 ( Orange, Person, Chatham) 

35 ( Craven, Jones, Pamlico, Carteret) 



HSA 



CON Beginning 
Review Date 



I October 1, 1995 

I October 1, 1995 

I Octob e r 1, 1995 

I Octob e r 1. 1995 

H October 1, 1995 

H October 1, 1995 

H Octob e r 1, 1995 

Ui Octob e r 1, 1995 

HI October 1, 1995 

IV November 1, 1995 

V November 1, 1995 

V Nov e mb e r 1, 1995 

V November 1, 1995 
Vi November 1, 1995 
VI Nov e mb e r 1, 1995 
VI Nov e mb e r 1, 1995 
VI November 1, 1995 

April 1, 1996 
December 1, 1996 
December _L 1996 
October i, 1996 
April 1, 1996 
October J^ 1996 
November _L 1996 
July L 1996 



(b) Subcategory Detox-Only Beds. 



1294 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



APPROVED RULES 



Mental Health Planning Areas (Constituent Counties) 


CON Beginning 






Review Date 


1 (Jackson, Haywood, Macon, 


Cherokee, Clay, Graham, Swain) 


December 1, 1996 


4 (Transylvania, Henderson) 




December 1, 1996 


5 (Caldwell, Burke, Alexander, 


McDowell) 


December 1, 1996 


6 (Rutherford, Polk) 




December 1, 1996 


8 (Gaston, Lincoln) 




December 1, 1996 


9 (Catawba) 




December 1, 1996 


11 (Rowan, Iredell, Davie) 




December 1, 1996 


13 (Surry, Yadkin) 




June 1, 1996 


14 (Forsyth, Stokes) 




June 1, 1996 


15 (Rockingham) 




June 1, 1996 


16 (Guilford) 




June 1, 1996 


17 (Alamance, Caswell) 




June 1, 1996 


18 (Orange, Person, Chatham) 




June 1, 1996 


20 (Vance, Granville, Franklin, 


Warren) 


June 1, 1996 


21 (Davidson) 




November 1, 1996 


23 (Robeson, Bladen, Scotland, 


Columbus) 


November 1, 1996 


25 (Lee, Harnett) 




November 1, 1996 


26 (Johnston) 




November 1, 1996 


27 (Wake) 




November 1, 1996 


28 (Randolph) 




November 1, 1996 


3 1 (Wayne) 




May 1, 1996 


32 (Wilson, Greene) 




May 1, 1996 


33 (Edgecombe, Nash) 




May 1, 1996 


34 (Halifax) 




May 1, 1996 


35 (Craven, Jones, Pamlico, Carteret) 


May 1. 1996 


36 (Lenoir) 




May 1, 1996 


38 (Hertford, Bertie, Gates, Northampton) 


May 1, 1996 


39 (Beaufort, Washington, Tyrrell, Hyde, Martin) 


May 1, 1996 


40 (Pasquotank, Chowan, Perquimans, Camden, Dare, Currituck) 


May 1, 1996 


41 (Duplin, Sampson) 




May 1, 1996 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1295 



APPROVED RULES 



(3) Category D. Subcategory End Stage Renal Disease Dialysis Stations. Dialysis station review in response to the 
"county need" or "facility need" methodologies shall be conducted under the provisions of 10 NCAC 3R .3032. 
(4) Category E. — Subcategory Ambulatory Surgical Faoiliti e c 



County 



(-[C \ 



Cl e v e land 



(5) (4) Category F. Subcategory Home Health Agencies or Offices 



Countv 



HSA 



Watauga 

For s yth 

Stok e s 

Orange 

Wake 

B e rti e 

Onslo%v 



i 
H 

H 

V4 
V4 
I 

n 

Ul 
IX 
V 
VI 



CON Beginning 
R e view Date 



April 1. 1995 



CON Beginning 
Review Date 



October 1, 1995 
Jun e 1, 1995 
Octob e r 1. 1995 
November 1, 1995 
July 1. 1995 
July 1. 1995 
Nov e mb e r 1, 1995 
October 1, 1996 
March 1, 1996 
June 1, 1996 
November 1. 1996 
March 1, 1996 
July 1, 1996 



(5) Category G. Subcategory New Dialysis Stations as a result of "Adjusted Need Determinations.' 





CON Beginning 


Countv 


Review Date 


Carteret 


March 1, 1996 


Dare 


March 1, 1996 



(6) Applications for certificates of need w-iW shall be reviewed pursuant to the following review schedule, unless 
another schedule has been specified in Items (1) through (5) of this Rule or it has been determined in 10 NCAC 
3R .3030 that there is no need for the health service or facility proposed by the applicant. 



CON Beginning 
Review Date 



HSA 
I, II, III 



HSA 

IV, V, VI 



1296 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



APPROVED RULES 



January 1 


~ 




-- 


February 1 


A, B, G, I = 




6~ 


March 1 


a^jljl 


Qal 


A, B, erF^G^I 


April 1 


B,^r H, I 




- 


May 1 


- 




B, C,H, I 


June 1 


A, C± D, I, F 




D 


July 1 


- 




A, F, I 


August 1 


B, E, I 




-- 


September 1 


-- 




B, E, I 


October 1 


A, GrF, I 




-- 


November 1 


- 




A, C, F, I 


December 1 


CL, D, H, I 




B, D, H. I 



History Note: Filed as a Temporary Amendment Eff. January 1 , 1995 for a period of 180 days or until the 
permanent rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. June 7, 1994 for a period of 180 days or until the permanent 
rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. December 31 , 1993 for a period of 180 days or until the 
permanent rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. April 2. 1993 for a period of 180 days or until the 
permanent rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. July 23, 1992 for a period of 180 days or upon the effective 
date of the permanent rule, whichever is sooner; 

Filed as a Temporary Rule Eff. May 31 , 1992 for a period of 153 days to expire on 
October 31, 1992; 

Authority G.S. 131E-176(25); 13 IE- 177(1); 131E-183(b); 
Eff. November 2, 1992; 

Amended Eff. April 1, 1995; October 1, 1994; April 1, 1994; September 1, 1993; 
Temporary Amendment Eff. January 1 , 1996; 
Amended Eff. April /, 7997. 

.3032 DIALYSIS STATION NEED DETERMINATION 

(a) The Medical Facilities Planning Section (MFPS) shall determine need for new dialysis stations and faciliti e s two times 
each calendar year, and shall make a report of such determinations available to all who request it. This report shall be called 
the North Carolina Semiannual Dialysis Report (SDR). Data to be used for such determinations, and their sources, are as 
follows: 

(1) Numbers of dialysis patients, by type, county and facility, from the Southeastern Kidney Council, Inc. (SEKC) 
and the Mid-Atlantic Renal Coalition, Inc. as of December 31, 1995 for the March SDR and as of June 30. 1996 
for the September SDR. 

(2) Certificate of need decisions, decisions appealed, appeals settled, and awards, from the Certificate of Need Section, 
DFS. 

(3) Facilities certified for participation in Medicare, from the Certification Section, DFS. 

(4) Need determinations for which certificate of need decisions have not been made, from MFPS records. 

Need determinations in this report shall be an integral part of the State Medical Facilities Plan, as provided in G.S. 131E-183. 

(b) Need for new dialysis stations and faciliti e s shall be determined as follows: 
(1) County Need 

(A) The average annual rate (%) of change in total number of dialysis patients resident in each county from the 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1297 



APPROVED RULES 



end of 4999 1991 to the end of 4994 1995 is multiplied by the county's +994 1995 year end total number 
of patients in the SDR, and the product is added to each county's most recent total number of patients 
reported in the SDR. The sum is the county's projected total 1995 1996 patients. 

(B) The percent of each county's total patients who were home dialysis patients at the end of 4994 1995 is 
multiplied by the county's projected total 1995 1996 patients, and the product is subtracted from the county's 
projected total 1995 1996 patients. The remainder is the county's projected 1995 1996 in-center dialysis 
patients. 

(C) The projected number of each county's 1995 1996 in-center patients is divided by 3.2. The quotient is the 
projection of the county's 1995 1996 in-center dialysis stations. 

(D) From each county's projected number of 4995 1996 in-center stations is subtracted the county's number of 
stations certified for Medicare, CON-approved and awaiting certification, awaiting resolution of CON 
appeals, and the number represented by need determinations in previous State Medical Facilities Plans or 
Semiannual Dialysis Reports for which CON decisions have not been made. The remainder is the county's 
1995 1996 station need projection. 

(E) If a county's 4995 1996 station need projection is 10 or greater and the SDR shows that utilization of each 
dialysis facility in the county is 80% or greater, the 1995 1996 county station need determination is the same 
as the 4995 1996 station need projection. If a county's 1995 1996 station need projection is less than teBr 
10, or the utilization of any_ dialysis facility in the county is less than 80%, the county's 1995 1996 station 
need determination is zero. 

(2) Facility Need 

A dialysis facility located in a county whoso unmet ncod for which the result of the County Need methodology is 
zero in the reference Semiannual Dialysis Report (SDR) io leoo than ten otationo is determined to need additional 
stations to the extent that: 

(A) Its utilization, reported in the SDR, is greater than 3.2 patients per station. 

(B) Such need, calculated as follows, is reported in an application for a certificate of need: 

(i) The facility's number of in-center h e modialyoio dialysis patients reported in the previous SDR (SDR,) 
is subtracted from the number of in-center homodialyoiG dialysis patients reported in the current SDR 
(SDR;). The difference is multiplied by 2 to project the net in-center change for 1 year. Divide the 
projected net in-center change for the year by the number of in-center patients from SDR, to 
determine the projected annual growth rate. 

(ii) The quotient from Subpart (b)(2)(B)(i) of this Rule is divided by 12. 

(iii) The quotient from Subpart (b)(2)(B)(ii) of this Rule is multiplied by the number of months from the 
most recent month reported in the current SDR until the end of calendar 1995. 1996. 

(iv) The product from Subpart (b)(2)(B)(iii) of this Rule is multiplied by the number of the facility's in- 
center patients reported in the current SDR and that product is added to such reported number of in- 
center patients, 
(v) The sum from Subpart (b)(2)(B)(iv) of this Rule is divided by 3.2, and from the quotient is subtracted 
the facility's current number of certified and pending stations as recorded in the current SDR. The 
remainder is the number of stations needed. 

(C) The facility may apply to expand to meet the need established in Subpart (b)(2)(B)(v) of this Rule, up to a 
maximum of 10 stations. 

(c) The schedule for publication of the North Carolina Semiannual Dialysis Report (SDR) and for receipt of certificate 
of need applications based on each issue of this report in 1995 1996 shall be as follows: 



Date for 
Period Ending 



Receipt of 
SEKC Report 



Publication 
of SDR 



Receipt of 

CON Applications 



Beginning 
Review Dates 



D e o. 31, 1991 
Juno 30, 1995 
Dec. 31, 1995 
June 30, 1996 



F e b. 2 8 , 1995 
Aug. 31, 1995 



Feb. 2JL 1996 



March 20, 1995 
Sept. 20, 1995 
March 20, 1996 



Aug. 31, 1996 Sept. 20, 1996 



May 16, 1995 
Nov. 15, 1995 
May 16, 1996 
Nov. 15, 1996 



Jun e 1, 1995 



Doc. 1, 1995 



June 1, 1996 



Dec. 1, 1996 



(d) An application for a certificate of need pursuant to this Rule shall be accepted only if it demonstrates a need by 



1298 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



APPROVED RULES 



utilizing one of the methods of determining need outlined in this Rule. 

(e) An application for a new End Stage Renal Disease faoility facility, other than applications for dialysis stations to be 
developed in Dare and Carteret Counties pursuant to K) NCAC 3R .3030(7), shall not be approved unless it documents the 
need for at least 10 stations based on utilization of 3.2 patients per station per week. 

(f) Home patients wtH shall not be included in determination of need for new stations. 

History Note: Filed as a Temporary Amendment Eff. January 1 , 1995 for a period of 180 days or until the 
permanent rule becomes effective, whichever is sooner; 

Filed as a Temporary Amendment Eff. December 31 , 1993 for a period of 180 days or until the 
permanent rule becomes effective, whichever is sooner; 
Authority G.S. 131E-176(25); 13 IE- 177(1); 131E-183(b); 
Eff. January 4, 1993; 

Amended Eff. April 1, 1995; April 1, 1994; 
Temporary Amendment Eff. January 1, 1996; 
Amended Eff. April L 1997. 



CHAPTER 41 - CHILDREN'S SERVICES 

(11) 
SUBCHAPTER 41P - CHILD-PLACING 

AGENCIES: ADOPTION (12) 

.0008 PREPLACEMENT ASSESSMENT (13) 

(a) The agency shall conduct a preplacement assessment 

within 90 days after the request has been accepted. The (14) 

assessment process must include at least one personal 
interview, and separate face-to-face interviews with each (15) 

member of the household above six years of age. The 
assessment process must be a joint effort of the adoption (16) 

agency and the applicants to determine the kind of child the (17) 

applicants can best parent. Any assessment that was (18) 

completed one year or more before placement of a child 
occurs must be updated to include current information about ( 19) 

the family. Physical examinations of family members must (20) 

be current to within 12 months of the assessment. 

(b) The agency shall assess the following areas and shall 
record the information in the adoptive applicants' record: 

(1) the applicants' reasons for wanting to adopt; (21) 

(2) the strengths and needs of each member of the 
household; 

(3) the attitudes and feelings of the family, extended (22) 
family, and significant others involved with the 

family toward accepting adoptive children, and 
parenting children not born to them; 

(4) the attitudes of the applicants toward the biologi- 
cal parents and in regard to the reasons the child (23) 
is in need of adoption; 

(5) the applicants' attitudes toward child behavior and 
discipline; 

(6) the applicants' plan for discussing adoption with (24) 
the child; 

(7) the emotional stability and maturity of applicants; (25) 

(8) the applicants' ability to cope with problems, 
stress, frustrations, crises, and loss; 

(9) the applicants' ability to give and receive affec- 
tion; (26) 

(10) the applicants' child-caring skills and willingness 

to acquire additional skills needed for the child's (27) 



development; 

the applicants' ability to provide for the child's 
physical and emotional needs; 
whether the applicant has ever been convicted of 
a crime other than a minor traffic violation; 
the strengths and needs of birth children or previ- 
ously adopted children, 

the applicant's physical and mental health, includ- 
ing any addiction to alcohol or drugs; 
current financial information provided by the 
applicant, including property and income; 
the applicants' personal character references; 
the applicant's religious orientation, if any; 
the location and physical environment of the 
home; 

the plan for child care if parents work; 
recommendations for adoption in regard to the 
number, age, sex, characteristics, and special 
needs of children who could be best served by the 
family; 

any previous request for an assessment or involve- 
ment in an adoptive placement and the outcome of 
the assessment or placement; 
whether the individual has ever been a respondent 
in a domestic violence proceeding or a proceeding 
concerning a minor who was allegedly abused, 
neglected, abandoned, or delinquent, and the 
outcome of the proceeding; 
whether the applicant has located a parent inter- 
ested in placing a child for adoption with the 
applicant, and a brief, non identifying description 
of the parent and the child; 
the applicants' age, date of birth, nationality, race 
or ethnicity, and any religious preference; 
the applicant's marital and family status and 
history, including the presence of any children 
born to or adopted by the applicant, and any other 
children in the household; 

the applicant's educational and employment 
history and any special skills; and 
any additional fact or circumstance that may be 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1299 



APPROVED RULES 



relevant to a determination of the applicant's 
suitability to be an adoptive parent, including the 
quality of the home environment and the level of 
functioning of any children in the household. 
When any of the information listed in this Paragraph is 

not reasonably available, the preplacement assessment shall 

state why the information is unavailable. 

(c) The assessment must be prepared and typed for 
review by the agency's adoption review committee, and it 
must become part of the applicants' permanent record. 

(d) Once the agency has made a decision regarding the 
suitability of the applicant as an adoptive placement, the 
preplacement assessment shall include specific documenta- 
tion of the factors which support that determination. If the 
agency determines that the applicant is not suitable to be an 
adoptive parent, the assessment shall include specific 
documentation of the factors which support that determina- 
tion. 

History Note: Authority G.S. 131D-10.5; 143B-153; 48-3- 

303; 48-2-502; 

Eff. February 1, 1986; 

Amended Eff. August 1, 1993; March 1, 1992; June 1, 

1990; 

Temporary Amendment Eff. July 1, 1996; 

Amended Eff. November 1^ 1996. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 10B - HUNTING AND TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0106 WILDLIFE TAKEN FOR DEPREDATIONS 
OR ACCIDENTALLY 

(a) Depredation Permit: 

(1) Endangered or Threatened Species. No permit 
shall be issued to take any endangered or threat- 
ened species of wildlife listed under 15A NCAC 
101 by reason of depredations to property. An 
individual may take an endangered or threatened 
species in immediate defense of his own life or of 
the lives of others without a permit. Any endan- 
gered or threatened species which may constitute 
a demonstrable but non-immediate threat to 
human safety shall be reported to a federal or 
state wildlife enforcement officer, who, upon 
verification of the report, may take or remove the 
specimen as provided by 15A NCAC 101 .0002. 

(2) Other Wildlife Species. Except as provided in 
Subparagraph (1) of this Paragraph, the Executive 
Director or an agent of the Wildlife Resources 



Commission may, upon application of a land- 
holder and after such investigation of the circum- 
stances as he may require, issue a permit to such 
landholder to take any species of wildlife which is 
or has been damaging or destroying his property 
provided there is evidence of substantial property 
damage. No permit may be issued for the taking 
of any migratory birds and other federally pro- 
tected animals unless a corresponding valid U.S. 
Fish and Wildlife Service depredation permit has 
been issued. The permit shall name the species 
allowed to be taken and, in the discretion of the 
Executive Director or an agent, may contain 
limitations as to age, sex or any other condition 
within the species so named. The permit may be 
used only by the landholder or another person 
named on the permit. 
(3) Wildlife Damage Control Agents: Upon satisfao 
tery completion of a Wildlife Resources Commis- 
sion approved training and satisfactory demonstra- 
tion of a knowledge of wildlife laws and safe, 
humane wildlife handling techniques, an individ- 
ual may apply to the Wildlife Resources Commis- 
sion (Commission) to become a Wildlife Damage 
Control Agent (WDCA). Those persons approved 
as agents by the Commission may then issue 
depredation permits to landholders and list them- 
selves as a second party to provide the control 
service. WDCA's may not issue depredation 
permits for big game animals, bats, or species 
listed as endangered, threatened or special con- 
cern under 15A NCAC 101 .0003, .0004 and 
.0005 of this Chapter. WDCA's must report to 
the Wildlife Resources Commission the number 
and disposition of animals taken, by county, 
annually. Records must be available for inspec- 
tion by a Wildlife Enforcement officer at any time 
during normal business hours. WDCA status may 
be revoked at any time by the Executive Director 
when there is evidence of violations of wildlife 
laws, failure to report, or inhumane treatment of 
animals by the WDCA. WDCA's may not charge 
for the permit, but may charge for their investiga- 
tions and control services. In order to maintain a 
knowledge of current laws, rules, and techniques, 
WDCA's must renew their agent status every 
three years by showing proof on having attended 
at least one Wildlife Commission approved train- 
ing course provided for the purpose of reviewing 
and updating information on wildlife laws and 
safe, humane wildlife handling techniques within 
the previous 12 months, 
(b) Term of Permit. Each depredation permit issued by 
the Executive Director or an agent shall have entered 
thereon a date or time of expiration after which date or time 
the same shall become invalid for any purpose, except as 
evidence of lawful possession of any wildlife that may be 



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11:16 



APPROVED RULES 



retained thereunder. 

(c) Manner of Taking: 

(1) Taking Without a Permit. Wildlife taken without 
a permit while committing depredations to prop- 
erty may, during the open season on the species, 
be taken by the landholder by any lawful method. 
During the closed season such depredating wild- 
life may be taken without a permit only by the use 
of firearms. 

(2) Taking With a Permit. Wildlife taken under a 
depredation permit may be taken only by the 
method or methods specifically authorized by the 
permit. When trapping is authorized, in order to 
limit the taking to the intended purpose, the 
permit may specify a reasonable distance from the 
property sought to be protected, according to the 
particular circumstances, within which the traps 
must be set. The Executive Director or agent 
may also state in a permit authorizing trapping 
whether or not bait may be used and the type of 
bait, if any, that is authorized. In addition to any 
trapping restrictions that may be contained in the 
permit the method of trapping must be in accor- 
dance with the requirements and restrictions 
imposed by G.S. 113-291.6 and other local laws 
passed by the General Assembly. No depredation 
permit shall authorize the use of poisons or 
pesticides in taking wildlife except in accordance 
with the provisions of the North Carolina Pesti- 
cide Law of 1971, the Structural Pest Control Act 
of 1955, and Article 22A of Chapter 1 13 of the 
General Statutes of North Carolina. No depreda- 
tion permit shall authorize the taking of wildlife 
by any method by any landholder upon the lands 
of another. 

(3) Intentional Wounding. It is unlawful for any 
landholder, with or without a depredation permit, 
intentionally to wound a wild animal in a manner 
so as not to cause its immediate death as suddenly 
and humanely as the circumstances permit. 

(d) Disposition of Wildlife Taken: 

(1) Generally. Except as provided by the succeeding 
Subparagraphs of this Paragraph, any wildlife 
killed accidentally or without a permit while 
committing depredations shall be buried or other- 
wise disposed of in a safe and sanitary manner on 
the property. Wildlife killed under a depredation 
permit may be transported to an alternate disposal 
site if desired. Anyone in possession of carcasses 
of animals being transported under a depredation 
permit must have the depredation permit in their 
possession. Except as provided by the succeeding 
Subparagraphs of (d)(2) through (6) of this Rule, 
all wildlife killed under a depredation permit must 
be buried or otherwise disposed of in a safe and 
sanitary manner. 

(2) Deer. The edible portions of up to five deer may 



be retained by the landholder for consumption but 
must not be transported from the property where 
the depredations took place without a valid depre- 
dation permit. An enforcement officer, if so 
requested by the permittee, shall provide the 
permittee a written authorization the use by a 
charitable organization of the edible portions of 
the carcass. The nonedible portions of the car- 
cass, including head, hide, feet, and antlers, shall 
be disposed of as specified in Subparagraph (1) of 
this Paragraph or turned over to a wildlife en- 
forcement officer for disposition. When a deer is 
accidentally killed on a road or highway by reason 
of collision with a motor vehicle, the law enforce- 
ment officer who investigates the accident shall, 
upon request of the operator of the vehicle, 
provide such operator a written permit authorizing 
him to possess and transport the carcass of such 
deer for his personal and lawful use, including 
delivery of such carcass to a second person for his 
private use or the use by a charitable organization 
upon endorsement of such permit to such person 
or organization by name and when no money or 
other consideration of value is received for such 
delivery or endorsement. 

(3) Fox. Any fox killed accidentally by a dog or 
dogs, motor vohiolo. or oth e rwis e shall be dis- 
posed of in the appropriate manner as provided by 
Subparagraph (1) or [6} of this Paragraph. Any 
fox killed under a depredation permit may be 
disposed of in the same manner or, upon compli- 
ance with the fur tagging requirements of 15A 
NCAC 10B .0400, the carcass or pelt thereof may 
be sold to a licensed fur dealer Any live fox 
taken under a depredation permit may be sold to 
a licensed controlled hunting preserve for fox in 
accordance with G.S. 113-273(g). 

(4) Furbearing Animals. The carcass or pelt of any 
furbearing animal killed during the open season 
for taking such furbearing animal either acciden- 
tally or for control of depredations to property, 
whether with or without a permit, may be sold to 
a licensed fur dealer provided that the person 
offering such carcass or pelt for sale has a valid 
hunting or trapping license, provided further that, 
bobcats and otters may only be sold upon compli- 
ance with any required fur tagging requirement 
set forth in 15A NCAC 10B .0400. 

(5) Animals Taken Alive. Wild animals in the order 
Carnivora and beaver shall be humanely 
euthanized either at the site of capture or at an 
appropriate facility designed to humanely handle 
the euthanasia or released on the property where 
captured. Animals transported or held for eutha- 
nasia must be euthanized within 12 hours of 
capture. Anyone in possession of live animals 
being transported for relocation or euthanasia 



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1301 



APPROVED RULES 



under a depredation permit must have the depre- 
dation permit in their possession. 
(6) A person killing a wild bird or wild animal 
accidentally with a motor vehicle or finding a 
dead wild bird or wild animal which was killed 
accidentally may possess that wild bird or wild 
animal for a period not to exceed 10 days for the 
purpose of delivering it to a licensed taxidermist 
for preparation. The licensed taxidermist may 
accept the wild bird or wild animal after satisfying 
himself that the animal was killed accidentally. 
The taxidermist shall certify and record the 
circumstances of acquisition as determined by h+s 
injury, the injuries to the animal. Licensed 
taxidermists shall keep accurate records of each 
wildlife specimen received pursuant to the rule as 
required by 15A NCAC 10H .1003 of this Chap- 
ter. Upon delivery of the finished taxidermy 
product to the person presenting the animal, the 
taxidermist shall give the person a receipt in the 
form required by the Wildlife Resources Commis 
sieH indicating the sex and species, date of deliv- 
ery, circumstances of initial acquisition and any 
other information that may be roquircd on the 
form, the name, address, and signature of the 
taxidermist. A copy of this r e c e ipt shall b e fil e d 
with th e Wildlife R e sourc e s Commission within 
10 days of the date of delivery 1 of the mounted 
specimen. The receipt shall be permanently- 
affixed to the back or bottom of the finished 
product and Th e r e c e ipt shall servo as the non 
transferable permit for continued possession of the 
mounted specimen and shall be retained by the 
person for as long as the mounted specimen is 
kept. Mounted specimens possessed pursuant to 
this Rule may not be sold and, if such specimens 
are transferred by gift or inheritance, the new 
owner must apply for a n e w retain the permit and 
must submit th e writt e n r e c e ipt originally obtain e d 
from the taxidermist to document the legality of 
possession. This provision does not allow posses- 
sion of accidentally killed raptors; nongame 
migratory birds: species listed as endangered, 
threatened, or of special concern under 15 A 
NCAC 101 .0003, .0004, and .0005 of this Chap- 
ter; black bear or wild turkey, 
(e) Reporting Requirements. Any landholder who kills 
a deer, bear or wild turkey under a currently valid depreda- 
tion permit shall report such kill on the form provided with 
the permit and mail the form immediately upon the expira- 
tion date to the Wildlife Resources Commission. The 
killing and method of disposition of every game animal and 
game bird, every furbearing animal, and every nongame 
animal or nongame bird for which there is no open season, 
when killed for committing depredations to property, 
without a permit, shall be reported to the Wildlife Resources 
Commission within 24 hours following the time of such 



killing, except that when the carcass or pelt of a fox, killed 
under a depredation permit, or of a furbearing animal, killed 
with or without a permit, is lawfully sold to a licensed fur 
dealer in this State the fur dealer is required to report the 
source of acquisition and no report is required of the seller. 

History Note: Authority G.S. 113-134; 113-273; 113-274; 

113-291.4; 113-291.6; 113-300.1; 113-300.2; 

113-307,113-331; 113-333; 113-334(a); 113-337; 

Eff. February 1. 1976; 

Amended Eff. July, L 1997; July 1, 1995; January 1, 1995; 

January 1. 1992; August 1, 1990. 

SUBCHAPTER 10G - DISTRIBUTION AND SALE 

OF HUNTING: FISHING: AND TRAPPING 

LICENSE 

SECTION .0400 - WILDLIFE SERVICE AGENTS 

.0402 APPOINTMENT OF WILDLIFE SERVICE 
AGENTS 

Any business operating from a fixed location in North 
Carolina may apply to the Executive Director of the Wildlife 
Resources Commission on a form provided for appointment 
as a Wildlife Service Agent. The applicant shall completely 
and accurately furnish all information requested in the 
application. An applicant may be appointed as a Wildlife 
Service Agent, if the information provided on the applica- 
tion and by any further investigation that may be made, 
provides evidence, convincing to the Executive Director, 
that the applicant shall comply with all rules and meets all 
standards and qualifications applicable to Wildlife Service 
Agents. In order to ensure security of State funds to be 
collected by Wildlife Service Agents and to determine the 
qualification of the applicant in the field of business, the 
Executive Director may require that applicants have a 
minimum of one year's experience in operating the business 
for which the application is made or some other comparable 
business experience. Applicants may also be required to 
submit financial statements of the business so that the 
solvency of the business can be judged. Every initial 
appointment as a Wildlife Service Agent is probationary for 
the first year and new agents are subject to close monitoring 
of their performance. 

History Note: Authority G.S. 113-134; 113-270.1; 
Eff. March 2, 1997. 

.0403 WILDLIFE SERVICE AGENT AGREEMENT 

In consideration of appointment as a Wildlife Service 
Agent and the fees received therefrom, each Wildlife 
Service Agent shall annually execute an Agreement with the 
Commission acknowledging that the agency shall be oper- 
ated in compliance with all laws, rules, and administrative 
directives related to the sale of licenses and the registration 
of vessels. Furthermore, the agency shall be operated as a 
public convenience; and, to that end, the agent agrees to 



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November 15, 1996 



11.16 



APPROVED RULES 



serve the public in an efficient and helpful manner with all 
reasonable requests for assistance whenever open for 
business. It shall be the duty of the agent to be informed 
and knowledgeable of the laws and rules governing require- 
ments for licenses and vessel transactions and to stay abreast 
of changes in these requirements so that the agent can 
provide accurate and reliable information and instruction to 
persons who seek assistance in these matters. Unless 
otherwise specifically provided in the Agreement, the 
appointment as a Wildlife Service Agent and the Agreement 
under which the appointment is made is singularly valid for 
the person named thereon who is authorized to act on behalf 
of the business and applies only to the business and location 
named. If the manager, location, or ownership of the 
business changes, then the Agreement becomes null and 
void and, if the agency is to remain operational, it shall be 
amended to reflect the changes. Notice of any change in 
management, location, or ownership shall be sent to the 
Commission at least 10 days prior to the change to allow 
time to issue a new or amended Agreement, provided the 
new conditions of the agency conform to aU requirements 
for appointment. 

History Note: Authority G.S. 113-134; 113-270.1: 
EfF. March 2. 1997. 

.0404 CUSTOMER SUPPORT SYSTEM 

(a) Equipment. Each Wildlife Service Agent shall be 
equipped with a transaction terminal, which is a network 
computer linked to the Commission's central data base by 
telephone lines. Using the transaction terminal, the agent 
can issue licenses, permits, tags, vessel registrations and 
decals, magazine subscriptions, and other items. The record 
of issuance of each item shall be automatically transmitted 
by the terminal to the Commission overnight via toll-free 
telephone connection. The Commission shall communicate 
information and instructions about individual agent accounts 
and messages of general interest to all agents via the 
transaction terminal. Agents shall also be provided two 
printers: one to print receipts and messages and the other to 
print licenses, permits, tags, decals, registrations, and other 
items. All necessary training , trouble-shooting, mainte- 
nance, equipment replacements, materials and supplies shall 
be furnished by the Commission. Toll-free telephone 
service to link transaction terminals to the system's central 
data base shall be supplied by the Commission. 

(b) Cost to the Wildlife Service Agent. Wildlife Service 
Agents applying for appointment prior to July J^ 1997, shall 
not be charged any initial, subsequent, or periodic cost for 
the delivery, installation, training, operation, or maintenance 
of the Customer Support System. Agents applying after 
July J_! 1997, shall be assessed a monthly fee to cover the 
cost of acquisition, installation, operation and maintenance 
of the equipment and the cost of supplies and materials to 
operate the Customer Support System. If the Commission 
determines that an Wildlife Service Agent is necessary to 
serve the public interest in a particular area due to remote- 



ness from other agents, heavy demand for licenses or vessel 
registrations, or some other pertinent factor and no business 
in the area applies, it may waive the fee as an incentive to 
encourage an application. 

(c) Bond. Wildlife Service Agents shall be covered 
under an annual blanket security bond in the amount of two 
thousand five hundred dollars ($2,500) to secure the State's 
investment in equipment provided to agents to operate the 
Customer Support System in the event of loss, damage, or 
destruction of the equipment due to negligence on the part 
of an agent. The Commission may relieve an agent from 
liability for loss or damage to equipment if the loss is 
beyond the control of the agent and not due to negligence by 
the agent. The Commission shall obtain the blanket security 
bond in the name of all active Wildlife Service Agents in 
July of each year and divide the cost of the bond equally 
among agents. 

History Note: Authority G.S. 1 13-134; 1 13-270. 1 ; 
Eff. March 2, 1997. 

SECTION .0500 - LICENSEE REQUIREMENTS 

.0501 LICENSEE REQUIREMENTS 

In order to show entitlement to licenses issued by the 
Wildlife Resources Commission, persons exercising the 
privilege of any license shall carry and show to any Wildlife 
Enforcement Officer upon request a picture identification 
card which includes the holder's correct name, address, and 
date of birth, except that no person shall be in violation of 
this Rule if the required identification is provided to the 
Wildlife Resources Commission prior to the assigned court 
date. The North Carolina Driver's License or the North 
Carolina Picture ID Card issued by the North Carolina 
Division of Motor Vehicles is one type of identification card 
that is acceptable for the purposes of this Rule. 

History Note: Authority G.S. 113-134; 113-270.1; 
Eff. March 2, 1997. 

SUBCHAPTER 101 - ENDANGERED AND 
THREATENED SPECIES 

.0002 PROTECTION OF ENDANGERED/ 
THREATENED/SPECIAL CONCERN 
SPECIES 

(a) No Open Season. There shall be no open season for 
taking any of the species listed as endangered in Rule .0003, 
threatened in Rule .0004 or, unless otherwise provided, as 
special concern in Rule .0005 of this Subchapter. Except as 
provided in Paragraphs (b), (c) and (e) of this Rule, it is 
unlawful to take or possess any of such species at any time. 

(b) Permits. The executive director may issue permits to 
take an endangered, threatened, or special concern species 
for the purpose of scientific investigation relevant to 
perpetuation or restoration of said species or as a part of a 
commission-approved study or restoration effort. 



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November 15, 1996 



1303 



APPROVED RULES 



(c) Taking Without a Permit: 

(1) An individual may take an endangered, threat- 
ened, or special concern species in defense of his 
own life or the lives of others without a permit. 

(2) A state or federal conservation officer or em- 
ployee who is designated by his agency to do so 
may, when acting in the course of his official 
duties, take, possess, and transport endangered, 
threatened, or special concern species without a 
permit if the action is necessary to: 

(A) aid a sick, injured, diseased or orphaned 
specimen; 

(B) dispose of a dead specimen; 

(C) salvage a dead specimen which may be 
useful for scientific study; or 

(D) remove specimens which constitute a de- 
monstrable but nonimmediate threat to 
human safety, provided the taking is done 
in a humane and noninjurious manner; the 
taking may involve injuring or killing 
endangered, threatened, or special concern 
species only if it is not reasonably possible 
to eliminate the threat by live-capturing and 
releasing the specimen unharmed, in a 
suitable habitat. 

(d) Reporting. Any taking or possession of an endan- 
gered, threatened, or special concern species under Subsec- 
tions fb) and (c) of this Rule is subject to applicable report- 
ing requirements of federal law and regulations and the 
reporting requirements of the permit issued by the Executive 
Director or of 15A NCAC 10B .0106(e). 

(e) Exception. 

(1) Notwithstanding any other provisions of this Rule, 
processed meat and other parts of American 
alligators, which have been lawfully taken in a 
state in which there is an open season for harvest- 
ing alligators, may be possessed, bought and sold 
when such products are marketed in packages or 
containers which are distinctly labeled to indicate 
the state in which they were taken and the iden- 
tity, location, and lawful authority of the proces- 
sor or distributor. 

(2) Raptors listed as special concern species in Rule 
.0005 of this Subchapter may be taken from the 
wild for falconry purposes and for falconry 
propagation, provided that a valid North Carolina 
endangered species permit has been obtained as 
required in Paragraph (b) of this Rule. 

(3) Captive-bred raptors listed as special concern 
species may be bought, sold, bartered or traded as 
provided in 50 C.F.R. 21.30 when marked as 
required under those regulations. 

(4) Importation, possession, sales, transportation and 
ex portation of species listed as special concern 
species in Rule .0005 of this Subchapter shall be 
allowed under permit by retail and wholesale 
establishments whose primary function is provid- 



ing scientific su pplies for research; provided that 
the specimens were lawfully obtained from cap- 
tive or wild populations outside of North Caro- 
lina; and that they must be possessed in indoor 
facilities; and that all transportation of specimens 
provides adequate safeguards against accidental 
escape; and that importation, possession and sale 
or transfer is permitted only as listed in Sub-items 
(e)(4)(A) and (B) of this Rule. 

(A) A written application to the Commission is 
required for a permit to authorize importa- 
tion, and possession for the purpose of 
retail or wholesale sale. The application 
shall identify the source of the specimens, 
and provide documentation of lawful acqui- 
sition. Applications for permits shall in- 
clude plans for holding, transportation, 
advertisement, and sale in such detail as to 
allow a determination of the safeguards 
provided against accidental escape and sales 
to unauthorized individuals. 

(B) Purchase, importation, and possession of 
special concern species within North Caro- 
lina shall be allowed under permit to state 
and federal governmental agencies, corpo- 
rate research entities, and research institu- 
tions; provided that sales are permitted to 
out of state consumers; and, provided that 
they must be possessed in indoor facilities 
and that all transportation of specimens 
provides adequate safeguards against acci- 
dental escape; and that the agency's or 
institution's Animal Use and Care Commit- 
tee has approved the research protocol for 
this species; and, further provided that no 
specimens may be stocked or released in 
the public or private waters or lands of 
North Carolina and may not be transferred 
to any private individual. 

History Note: Authority G.S. 113-134; 113-291.2; 

113-291.3; 113-292; 113-333; 

Eff. June 11, 1977; 

Amended Eff. April 1^ 1997; February 1 , 1994; September 

1, 1989; March 1, 1981; March 17, 1978. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 3 - DIVISION OF MOTOR VEHICLES 

SUBCHAPTER 3E - INTERNATIONAL 
REGISTRATION PLAN (IRP) SECTION 



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11:16 



APPROVED RULES 



SECTION .0500 - SAFETY RULES AND 
REGULATIONS 

.0511 REGISTRATION OF INTERSTATE 
AUTHORrTY 

(a) Tho applioQtion for th e r e gistration with th e Division 
of int e rstat e authority p e rmitting op e rations within tho 
borders of this otato shall bo in tho form sot forth in Form 
A availablo from tho Motor Carrier Safety Unit. — The 
application shall b e fil e d in duplioat e , th e original of whioh 
must have a oopy of th e ICC operating authority attaoh e d. 
Tho application shall bo accompanied by a foo in tho amount 
of twenty five dollars ($25.00). 

(a) The application for the registration of Interstate 
authority permitting operations within the borders of this 
state shall be set forth in the RS-1 and RS-2 application 
available from the Motor Carrier Regulatory Unit. The 
applications shall be filed with a copy of the U.S. DOT 
authority. BOC-3 (Process Agent Blanket Listing), a 
BMC91 (Uniform Motor Carrier Bodily Injury and Property 
Damage Certificate of Insurance) or BMC91X (Motor 
Carrier Automobile Bodily Injury Liability and Property 
Damage Liability), and appropriate fees for the state of 
travel as set by the individual states. The list of fees for 
each state is available at no cost from the Division of Motor 
Vehicles Motor Carrier Regulatory Unit, 1425 Rock Quarry 
Road. Suite 107. Raleigh. NC 27610. telephone (919) 733- 
7631. 

(b) Applications — for tho registration — of subsequent 

am e ndm e nts to ICC authority p e rmitting op e rations within 
th e bord e rs of this stat e shall b e fil e d in th e manner do 
soribod in Paragraph (a) and shall bo accompanied by a foo 
in tho amount of fivo dollars ($5.00). 

(b) A pplication for the registration of added vehicles and 
states shall be made on the RS-2 supplemental application 
accompanied by the appropriate fees for each state of travel. 
A list of fees is available from DMV at no cost as specified 
in Paragraph (a) of this Rule. 

History Note: Filed as a Temporary Rule Eff. February 

11 , 1986 for a period of 120 days to expire on June 11, 

1986; 

Authority G.S. 20-378; 

Eff. April 1, 1986; 

Transferred and Recodified from 19 A NCAC 3D .0813 Eff. 

January 3, 1996; 

Amended Eff. April 30. 1997. 



TrTLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 12 - LICENSING BOARD FOR 
GENERAL CONTRACTORS 



(a) Form. An application for renewal requires the holder 
of a valid license to set forth whether there were any 
changes made in the status of the licensee's business during 
the preceding year and also requires the holder to give a 
financial statement for the business in question. The 
financial statement need not be prepared by a certified 
public accountant or by a qualified independent accountant 
but may be completed by the holder of a license on the form 
itself. However, the Board may require a license holder to 
submit an audited financial statement if there is any evidence 
indicating that the license holder may be unable to meet his 
financial obligations. Except as provided herein, the 
financial statement will evidence of financial responsibility 
shall be subject to approval by the Board in accordance with 
the working oapital requirements of Rule .0204 of this 
Chapter. A licensee may be required to provide evidence 
of continued financial responsibility satisfactory to the Board 
should circumstances render such evidence necessary, and 
shall provide the Board with a copy of any bankruptcy 
petition filed by the licensee within 30 days of its filing. 

(b) Display. The certificate of renewal of license granted 
by the Board, containing the signatures of the Chairman and 
the Secretary-Treasurer, must be displayed at all times by 
the licensee at his place of business. 

History Note: Filed as a Temporary Amendment Eff. 

June 28, 1989, for a period of 155 days to expire on 

December 1, 1989; 

Authority G.S. 87-1; 87-10; 

Eff. February 1, 1976; 

Readopted Eff. September 26, 1977; 

ARRC Objection March 19, 1987; 

Amended Eff. December 1, 1989; May 1, 1989; August 1, 

1987; 

RRC Removed Objection of March 19, 1987 Eff. August 20, 

1992 based on subsequent amendment; 

Amended Eff. September 1, 1992; 

Temporary Amendment Eff. May 31, 1996; 

Amended Eff. April 1. 1997. 

CHAPTER 69 - BOARD FOR LICENSING 
OF SOIL SCIENTISTS 

SECTION .0100 - STATUTORY AND 
ADMINISTRATIVE PROVISIONS 

.0102 DUTIES OF OFFICERS 

The Secretary -Treasurer shall mail a copy of G.S. 89F 
and the rules of this Chapter to each applicant for a license. 

History Note: Authority G.S. 89F-5; 
Temporary Adoption Eff. May 15, 1996; 
Eff. April 1. 1997. 



SECTION .0500 - LICENSE 
.0503 RENEWAL OF LICENSE 



SECTION .0300 - CONTINUING PROFESSIONAL 
COMPETENCY 



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1305 



APPROVED RULES 



.0302 DEFINITIONS 

Terms used in this Section are defined as follows: 

(1) Professional Development Hour (PDH) : One 
contact hour (nominal) of instruction or presenta- 
tion. 

(2) College/Unit Semester/Quarter Hour ; Credit 
assigned by a college or university for a com- 
pleted course. 

(3) Course/ Activity ; Any course or activity with a 
purpose and objective that maintains, improves, or 
expands the skills and knowledge of the licensee. 

(4) Sponsor ; Organization or individual that has 
supplied information on a form furnished by the 
Board with respect to the organization or individ- 
ual's ability to provide instruction in "for credit" 
courses. 

(5) Renewal Period for Continuing Professional 
Education ; The period for accumulating the 
required PDH units shall be three years. 

History Note: Authority G.S. 89F-5; 
Temporary Adoption Eff. May 15, 1996; 
Eff. April 1. 1997. 

.0303 REQUIREMENTS 

Every licensee shall obtain 45 PDH units during each 
three year period of licensing. If a licensee exceeds the 
required number of units in any triennial period, a maxi- 
mum of j_5 PDH units may be carried forward into the 
subsequent period. Selection of courses and activities which 
meet the requirements of Rule .0302(3) of this Section shall 
be the responsibility of the licensee. Licensees have the 
option of selecting courses other than those offered by 
sponsors. Post evaluation of courses offered by other than 
sponsors as defined in Rule .0302(4) of this Section may 
result in non-acceptance. PDH units may be earned as 
follows: 



CD 

ill 

ill 



Completion of college courses. 
Completion of continuing education courses. 
Completion of correspondence, televised, video- 
taped, audio taped, and other short 
courses/tutorials. 



(4) Presenting or attending seminars, in-house 
courses, workshops, or professional or technical 
presentations made at meetings, conventions or 
conferences. 

(5) Teaching or instructing in Items ( 1) through (4) of 
this Rule. 

(6) Authoring published papers, articles, or books. 

(7) Active participation in professional or technical 
societies as defined in Rule .0305 of this Section. 

History Note: Authority G. S. 89F-5; 
Temporary Adoption Eff. May 15, 1996: 
Eff. April 1, 1997. 

.0304 UNITS 



The conversion of other units of credit to PDH units is as 
follows: 

(1) i College or unit semester hour 15 PDH; 

(2) 1 College or unit quarter hour 10 PDH: 

(3) l_ Hour of professional development in course 
work, seminars, or professional or technical 
presentations made at meetings, conventions or 
conference \_ PDH; 

(4) For teaching in Items (1) - (4) of this Rule, PDH 
credits are doubled*; 

(5) Each published paper, article or book 10 PDH; 

(6) Active participation in professional and technical 
society as defined in Rule .0305 of this Section. 
(Each organization.) 2 PDH. 

*Teaching credit is valid for teaching a course or 
seminar for the first time only. 

History Note: Authority G. S. 89F-5; 
Temporary Adoption Eff. May 15, 1996; 
Eff. April 1. 1997. 

.0305 DETERMINATION OF CREDrT 

The Board for Licensing of Soil Scientists shall have final 
authority with respect to approval of courses, sponsors, 
credit, PDH value for courses, and other methods of earning 
credit. PDH credits are not earned until the activity is 
completed or until the end of each year of service is 
completed. The following criteria shall be used in determin- 
ing PDH credits: 

( 1) Credit for college or community college courses 

shall be based upon course credit established by 

the college. 

Credit for seminars and workshops, shall be based 

on one PDH unit for each hour of attendance. 



Ql 

111 



Attendance at programs presented at professional 
and technical society meetings shall earn PDH 
units for the actual time of each program with a 
maximum of J_5 for a given meeting. 

(4) Credit determination for published papers, articles 
and books is the responsibility of the licensee with 
final approval by the Board. 

(5) Credit for active participation in professional and 
technical societies (limited to 2 PDH per organi- 
zation), requires that a licensee serve as an officer 
or member of a committee of the organization. 
PDH credits shall not be earned until the end of 
each year of service is completed. Credit is not 
granted for organization membership alone. 

History Note: Authority G.S. 89F-5; 
Temporary Adoption Eff. May 15, 1996; 
Eff. April 1, 1997. 

.0307 EXEMPTIONS 

A licensee shall be granted leniency from the continuing 
professional development educational requirements for one 
of the following reasons: 



1306 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



APPROVED RULES 



(\) A licensee serving on temporary active duty in the 
armed forces of the United States for a period of 
time exceeding 120 consecutive days in a year 
shall be granted a grace period (equivalent to time 
served) for obtaining the continuing professional 
education hours required for that renewal period. 

(2) Licensees experiencing physical disability (as 
defined in G.S. 168A), illness, or other circum- 
stances beyond the control of the licensee as 
reviewed and approved by the Board may be 
granted leniency in the time for acquiring continu- 
ing educational credits. Supporting documentation 
shall be furnished to the Board. 

(3) Licensees who list their occupation as "Inactive" 
on the renewal form and who further certify that 
they are no longer receiving any remuneration 
from providing professional soil services shall be 
exempt from the continuing professional education 
hours required. In the event such a person elects 
to return to active soil science practice, profes- 
sional development hours shall be earned in 
accordance with the requirements of Rule .0308 
in this Section before returning to active practice. 

History Note: Authority G.S. 89F-5; 
Temporary Adoption Eff. May 15, 1996; 
Eff. April 1, 1997. 



{21 



SECTION .0400 



STANDARDS OF PROFESSIONAL 
CONDUCT 



.0401 CODE OF PROFESSIONAL CONDUCT 

(a) A soil scientist shall conduct his practice in order to 
protect the public health, safety, life and welfare. The soil 
scientist shall at all time recognize his primary obligation to 
protect the life, safety, health, and welfare of the public in 
the performance of his professional duties. 

(b) A soil scientist shall perform his services only in 
areas of his competence and: 

(1) shall undertake to perform assignments only when 
qualified by education or experience in the spe- 
cific technical field of soil science involved. 

(2) shall not affix his signature or seal to any docu- 
ment dealing with subject matter to which he 
lacks competence by virtue of education or experi- 
ence, nor to any such plan or document not 
prepared under his direct supervisory control 
except that the soil scientist may affix his seal and 
signature to documents depicting the work of two 
or more professionals provided he designates by 
note under his seal the specific subject matter for 
which he is responsible. 

(c) A soil scientist shall issue public statements only in 
an objective and truthful manner and: 

(1) shall be completely objective and truthful in all 
professional reports, statements or testimony. He 
shall include relevant and pertinent information in 



ill 



(4) 



such reports, statements or testimony, 
when serving as an expert or technical witness 
before any court, commission, or other tribunal, 
shall express an opinion only when it is founded 
upon knowledge of the facts in issue, upon a 
background of technical competence in the subject 
matter, and upon conviction of the accuracy and 
propriety of his testimony. 

shall issue no statements, criticisms, or arguments 
on soil science matters connected with public 
policy which are inspired or paid for by an inter- 
ested party, or parties unless he has prefaced his 
comment by identifying himself, by disclosing the 
identities of the parties on whose behalf he is 
speaking, and by revealing the existence of any 
pecuniary interest he may have in the instant 
matters- 
shall not attempt to injure, maliciously or falsely, 
directly or indirectly, the professional reputation, 
prospects, practice or employment of another soil 
scientist, nor shall he criticize another soil scien- 
tist's work in public. If he believes that another 
soil scientist is guilty of misconduct or illegal 
practice, he shall present such information to the 
North Carolina Board for Licensing of Soil 
Scientists. 



£d} A 
ill 



121 



£4J 



soil scientist shall avoid conflicts of interest and: 
shall promptly inform his employer or client of 
any business association, interest, or circum- 
stances, which could influence his judgment or the 
quality of his services- 
shall not solicit or accept financial or other valu- 
able considerations from material or equipment 
suppliers for specifying their products without full 
disclosure. 
(3) shall not solicit or accept gratuities, directly or 
indirectly, from contractors, their agents, or other 
parties dealing with his client or employer in 
connection with work for which he is responsible, 
when in public service as a member, advisor, or 
employee of a governmental body or department, 
the soil scientist shall abstain from voting on 
matters involving services provided by him or his 
organization in private soil science practices, 
shall not solicit or accept a contract from a gov- 
ernmental body on which a principal or officer of 
his organization serves as a member without full 
disclosure to affected parties- 
shall not attempt to supplant another soil scientist 
in a particular employment after becoming aware 
that the other has been selected for the employ- 
ment. 

soil scientist shall solicit or accept work only on 

of his qualifications and: 

shall compete for professional employment on the 
basis of qualification and competence for proper 
accomplishment of the work. He shall not solicit 



(SI 



m 



(el A 
the basis 

m 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1307 



APPROVED RULES 



or submit proposals for professional services 
containing a false, fraudulent, misleading decep- 
tive or unfair statement or claim regarding the 
cost, quality or extent of services to be rendered. 

(2) shall not falsify or permit misrepresentation of 
his, or his associates', academic professional 
qualification. He shall not misrepresent or exag- 
gerate his degree of responsibility in or for the 
subject matter of prior assignments. Brochures or 
other presentations incident to the solicitation of 
employment shall not misrepresent pertinent facts 
concerning employers, employees, joint ventures, 
or his or their past accomplishments with the 
intent and purpose of enhancing his qualifications 
and his work. 

(3) shall not knowingly associate with or permit the 
use of his name or firm name in a business 
yenture by any person or firm which he knows, 
or has reasons to believe, is engaging in business 
or professional practices of a fraudulent or dis- 
honest nature. 

(4) if the soil scientist has knowledge or reason to 
believe that another person or firm may be in 
violation of any of these provisions or of the 
North Carolina Soil Scientist Licensing Act, he 
shall present such information to the Board and 
shall cooperate with the Board in furnishing such 
further information or assistance as may be 
required by the Board. 

(e) A soil scientist whose professional registration is 
revoked or suspended by another jurisdiction, shall be 
subject to disciplines by the Board if the registrant's actions 
violate G.S. 89F or the rules in this Chapter. Conviction of 
a felony without restoration of civjJ rights, or the revocation 
or suspension of the license of a soil scientist by another 
jurisdiction, jf for a cause which in the State of North 
Carolina would constitute a violation of G.S. 89F or of 
these Rules, shall be grounds for a charge of violation of the 
rules in this Chapter. 

History Note: Authority G.S. 89F-17; 
Temporary Adoption Eff. May 15, 1996; 
Eff. April 1. 1997. 

.0402 RULES OF CONDUCT OF ADVERTISING 

(a) A soil scientist shall not make misleading, deceptive 
or false statements or claims about his professional qualifi- 
cations, experience or performance in hjs brochures, 
correspondence, listings or other public communications. 

(b) The prohibitions listed in Paragraph (a) of this Rule 
include, but are not limited to, the use of statements 
containing a material misrepresentation of fact or omitting 
a material fact necessary to keep the statement from being 
misleading; statements intended or likely to create an 
unjustified expectation; statements containing prediction of 
future success; or statements containing an opinion as to the 
quality of services. 



(c) Consistent with the foregoing, a soil scientist may 
advertise for recruitment of personnel. 

(d) Consistent with the foregoing, a soil scientist may 
prepare articles for the lay or technical press. Such articles 
shall not imply credit to the author for work performed by 
others. 

History Note: Authority G.S. 89F-17; 
Temporary Adoption Eff. May 15, 1996; 
Eff. April 1, 1997. 



1308 



NORTH CAROLINA REGISTER 



November 15. 1996 



11:16 



LIST OF RULES CODIFIED 



JL he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated and have been 


entered into the Code. 




Key: 




Citation = Title 


, Chapter, Subchapter and Rule(s) 


AD 


= Adopt 


AM 


= Amend 


RP 


= Repeal 


With Chgs 


= Final text differs from proposed text 


Corr 


= Typographical errors or changes that requires no rulemaking 


Temp. 


= Rule was filed as a temporary rule 


Eff. Date 


= Date rule becomes effective 



NORTH CAROLINA ADMINISTRATIVE CODE 
OCTOBER 96 



TITLE 


DEPARTMENT 


10 


Human Resources 


11 


Insurance 


15A 


Environment, Health, 




and Natural Resources 



TITLE DEPARTMENT 

21 Occupational Licensing Boards 

16 - Dental Examiners 



RULE CITATION 


AD 


AM 


RP 


WITH 
CHGS 


CORR 


TEMP 


EFFECTIVE 
DATE 


10 


NCAC 3R .0109 








/ 








11/01/96 


.0110 




/ 




/ 






11/01/96 


.0111 


/ 






/ 






11/01/96 




.0213 - 


.0214 




/ 




/ 






11/01/96 


.0215 


/ 












11/01/96 




.0303 - 


.0304 




/ 




/ 






11/01/96 


.0317 




/ 




/ 






11/01/96 


.0904 


/ 












11/01/96 


.1113 






/ 








11/01/96 




.1115 - 


.1120 






/ 








11/01/96 


.1124 






/ 








11/01/96 


.1125 


/ 






/ 






11/01/96 


.1126 


/ 












11/01/96 


.1214 




/ 










11/01/96 


.1216 




/ 










11/01/96 




.1218 - 


.1219 






/ 








11/01/96 





11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1309 



LIST OF RULES CODIFIED 



RULE CITATION 


AD 


AM 


RP 


WITH 
CHGS 


CORK 






TEMP 


traiuivi; 
DATE 


10 NCAC 3R .1302 






/ 








11/01/96 


.1304 - .1309 






/ 








11/01/96 


.1413 - .1414 




/ 










11/01/96 


.1418 - .1419 






/ 








11/01/96 


.1613 - .1615 




/ 




/ 






11/01/96 


.1618 - .1619 






/ 








11/01/96 


.1713 - .1714 




/ 










11/01/96 


.1719 - .1720 






/ 








11/01/96 


.1912 




/ 










11/01/96 


.1913 - .1914 




/ 




/ 






11/01/96 


.1916 




/ 




/ 






11/01/96 


.1917 - ,1918 






/ 








11/01/96 


.2117 






/ 








11/01/96 


.2120 






/ 








11/01/96 


.2319 - .2320 






/ 








11/01/96 


.2402 




/ 










11/01/96 


.2404 - .2409 






/ 








11/01/96 


.2411 


/ 












11/01/96 


.2502 




/ 




/ 






11/01/96 


.2503 - .2509 






/ 








11/01/96 


.2511 


/ 












11/01/96 


.2603 






/ 








11/01/96 


.2605 






/ 








11/01/96 


.2607 - .2610 






/ 








11/01/96 


.2613 


/ 












11/01/96 


.2718 - .2719 






/ 








11/01/96 


.2802 




/ 










11/01/96 


.2803 - .2805 






/ 








11/01/96 


.2806 




/ 










11/01/96 


.2807 






/ 








11/01/96 


.2809 






/ 








11/01/96 


.2810 


/ 












11/01/96 



i370 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



LIST OF RULES CODIFIED 





RULE CrTATlON 


AD 


AM 


UP 


WITH 
CHGS 


CORR 


TEMP 


EFFECTIVE 
DATE 


10 NCAC 3R .3103 




/ 










11/01/96 


.3107 - .3108 






/ 








11/01/96 


.3204 






/ 








11/01/96 


.3206 - .3207 






/ 








11/01/96 


.3306 






/ 








11/01/96 


.3401 




/ 




/ 






11/01/96 


.3406 - .3407 






/ 








11/01/96 


.3502 




/ 










11/01/96 


.3503 






/ 








11/01/96 


.3506 - .3507 






/ 








11/01/96 


.3606 - .3607 






/ 








11/01/96 


.3706 - .3707 






/ 








11/01/96 


.3806 - .3807 






/ 








11/01/96 


.3902 




/ 




/ 






11/01/96 


.3903 




/ 










11/01/96 


.3904 






/ 








11/01/96 


.3907 - .3908 






/ 








11/01/96 


.3909 


/ 












11/01/96 


.4002 - .4007 




/ 










11/01/96 


.4008 






/ 








11/01/96 


.4010 - .4011 






/ 








11/01/96 


.4012 




/ 










11/01/96 


.4102 




/ 




/ 






11/01/96 


.4103 - .4105 




/ 










11/01/96 


.4106 - .4107 






/ 








11/01/96 


.4202 




/ 










11/01/96 


.4204 




/ 










11/01/96 


.4206 - .4207 






/ 








11/01/96 


26G .0707 




/ 








/ 


11/08/96 


35E .0101 




/ 








/ 


10/21/96 


.0105 




/ 








/ 


10/21/96 


.0106 




/ 








/ 


10/21/96 





l/:/tf 



NORTH CAROLINA REGISTER 



November 15, 1996 



1311 



LIST OF RULES CODIFIED 



RL'LE CITATION 


AD 


AM 


RP 


WITH 
CHGS 


CORR 


TEMP 


EFFECTIVE 
DATE 


10 NCAC 35E .0308 




/ 








/ 


10/21/96 


41P .0008 




/ 










11/01/96 


42J .0001 




/ 








/ 


10/21/96 


.0004 - .0005 




/ 








/ 


10/21/96 


11 NCAC 8 .1001 - .1011 


/ 










/ 


10/24/96 


.1101 - .1116 


/ 










/ 


10/24/96 


.1201 - .1209 


/ 










/ 


10/24/96 


10 .0602 - .0603 




/ 








/ 


11/08/96 


.0606 


/ 










/ 


11/08/96 


15A NCAC 2B .0201 










/ 






2C .0211 










/ 






2H .0225 


/ 










/ 


11/08/96 


.0506 










/ 






2Q .0102 




/ 




/ 






11/01/96 


7H .0304 




/ 








/ 


10/10/96 


.0305 




/ 








/ 


10/10/96 


13C 










/ 






21 NCAC 16H .0104 




/ 




/ 






11/01/96 


.0202 




/ 




/ 






11/01/96 



7322 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. November 21 . 1996. 
10:00 a.m. , at 1307 denwood Ave. , Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any 
rule before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners 
by Monday. November 18. 1996. at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review 
Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at 
least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Vernice B. Howard 

Teresa L. Smallwood 

Charles H. Henry 

Philip O. Redwine - Vice Chairman 



Appointed by House 

Bill Graham 

James Mallory, HI 

Paul Powell 

Anita White 



RULES REVIEW COMMISSION MEETING DATES 



November 21, 1996 
December 19, 1996 
January 16, 1997 
February 20, 1997 



March 20, 1997 
April 17, 1997 
May 15, 1997 
June 19, 1997 



MEETING DATE: NOVEMBER 21, 1996 



LOG OF FILINGS 
RULES SUBMITTED: SEPTEMBER 20, 1996 THROUGH OCTOBER 20, 1996 



AGENCY/DIVISION 



RULE NAME 



DHR/SOCIAL SERVICES COMMISSION 

Organization and Administration 

Placement Services 

Adoptive Home Recruitment 

Preplacement Assessment 

Notification 

Services to Adoptive Applicants 

Legal Process 

Records 

Fees 

Availability 

Case Management Activities 

Designated Agencies 

Competency of Staff 

Staff Competency 

Training Program Content 

Resident Assessment 

Resident Care Plan 

Licensed Health Professional 

Cooperation 

Competency of Staff 

Staff Competency 

Training Program 



10 NCAC 41P 


.0002 


Amend 


10 NCAC 41P 


.0005 


Amend 


10 NCAC 41P 


.0006 


Amend 


10 NCAC 41P 


.0008 


Amend 


10 NCAC 41P 


.0009 


Amend 


10 NCAC 41P 


.0010 


Amend 


10 NCAC 41P 


.0011 


Amend 


10 NCAC 41P 


.0012 


Amend 


10 NCAC 41P 


.0013 


Adopt 


10 NCAC 42A 


.0701 


Adopt 


10 NCAC 42A 


.0702 


Adopt 


10 NCAC 42A 


.0703 


Adopt 


10 NCAC 42B 


.1209 


Repeal 


10 NCAC 42B 


.1210 


Adopt 


10 NCAC 42B 


.1211 


Adopt 


10 NCAC 42B 


.2402 


Adopt 


10 NCAC 42B 


.2403 


Adopt 


10 NCAC 42B 


.2404 


Adopt 


10 NCAC 42B 


.2405 


Adopt 


10 NCAC 42C 


.2010 


Repeal 


10 NCAC 42C 


.2011 


Adopt 


10 NCAC 42C 


.2012 


Adopt 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1313 



RULES REVIEW COMMISSION 



Resident Assessment 


10 NCAC 42C .3701 


Adopt 


Resident Care Plan 


10 NCAC 42C .3702 


Adopt 


Licensed Health Support 


10 NCAC 42C .3703 


Adopt 


Cooperation with Case Managers 


10 NCAC 42C .3704 


Adopt 


Competency of Staff 


10 NCAC 42D .1409 


Repeal 


Staff Competency 


10 NCAC 42D .1410 


Adopt 


Training Program 


10 NCAC 42D .1411 


Adopt 


Resident Assessment 


10 NCAC 42D .1827 


Adopt 


Resident Care Plan 


10 NCAC 42D .1828 


Adopt 


Licensed Health Support 


10 NCAC 42D .1829 


Adopt 


Cooperation with Case Managers 


10 NCAC 42D .1830 


Adopt 


Definitions 


10 NCAC 49A .0002 


Amend 


Initial Interview 


10 NCAC 49B .0202 


Amend 


Prospective Budgeting 


10 NCAC 49B .0310 


Amend 


Changes in Situation 


10 NCAC 49B .0502 


Amend 


DEHNR/ENVIRONMENTAL MANAGEMENT COMMISSION 






Tar-Pamlico River 


15A NCAC 2B .0229 


Adopt 


Neuse River Basin 


15A NCAC 2B .0315 


Amend 


Miscellaneous Volatile Emissions 


15A NCAC 2D .0518 


Amend 


New Source 


15A NCAC 2D .0524 


Amend 


Prevention of Deterioration 


15A NCAC 2D .0530 


Amend 


Applicability 


15A NCAC 2D .0902 


Amend 


Compliance Schedules 


15A NCAC 2D .0907 


Repeal 


Compliance Schedules 


15A NCAC 2D .0909 


Amend 


Alternative Compliance Schedules 


15A NCAC 2D .0910 


Repeal 


Exception 


15A NCAC 2D .0911 


Repeal 


Compliance Schedule 


15A NCAC 2D .0946 


Repeal 


Stage II Vapor Recovery 


15A NCAC 2D .0954 


Amend 


National Emission Standards 


15A NCAC 2D .1110 


Amend 


Maximum Achievable Control 


15ANCAC 2D 1111 


Amend 


Applicability 


15A NCAC 2D .1402 


Amend 


Compliance Schedules 


15A NCAC 2D .1403 


Amend 


Activities Exempted 


15A NCAC 2Q .0102 


Amend 


Where to Obtain Applications 


15A NCAC 2Q .0104 


Amend 


Confidential Information 


15A NCAC 2Q .0107 


Amend 


Application 


15A NCAC 2Q .0507 


Amend 


Permit Shield 


15A NCAC 2Q .0512 


Amend 


Administrative Permit 


15A NCAC 2Q .0514 


Amend 


Minor Permit 


15A NCAC 2Q .0515 


Amend 


Reopening for Cause 


15A NCAC 2Q .0517 


Amend 


DEHNR/COASTAL RESOURCES COMMISSION 






Development Initiated 


15A NCAC 7H .0104 


Amend 


AECs in Ocean Hazard Areas 


15A NCAC 7H .0304 


Amend 


General Identification 


15A NCAC 7H .0305 


Amend 


Specific Use Standards 


15A NCAC 7H .0308 


Amend 


General Definitions 


15A NCAC 7J .0102 


Amend 


DEHNR/WILDLIFE RESOURCES COMMISSION 






Deer 


15A NCAC 10B .0203 


Amend 


Wild Turkey 


15A NCAC 10B .0209 


Amend 


Public Mountain Trout Waters 


15A NCAC 10C .0205 


Amend 


Creel and Size Limits 


15A NCAC 10C .0305 


Amend 


Hunting on Game Lands 


15A NCAC 10D .0003 


Amend 



1314 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



RULES REVIEW COMMISSION 



DEHNR/DIVISION OF PARKS AND RECREATION 

Fees and Charges 



15A NCAC 12B .1206 



Adopt 



EDUCATION/STANDARDS BOARD FOR PUBLIC SCHOOL ADMINISTRATION 

Definitions 
General Information 
Exemptions 
Program Requirements 
Certification Patterns 
Standard Examinations 
Certificate Renewal 
Expired Certificates 
Reciprocity in Certification 
Temporary Permit 
Certificate Suspension 
Criminal History Checks 

REVENUE/CORPORATE INCOME & FRANCHISE TAX DIVISION 

Doing Business Defined 17 NCAC 5C .0102 



16 NCAC 7 


.0101 


Adopt 


16 NCAC 7 


.0102 


Adopt 


16 NCAC 7 


.0103 


Adopt 


16 NCAC 7 


.0104 


Adopt 


16 NCAC 7 


.0105 


Adopt 


16 NCAC 7 


.0106 


Adopt 


16 NCAC 7 


.0107 


Adopt 


16 NCAC 7 


.0108 


Adopt 


16 NCAC 7 


.0109 


Adopt 


16 NCAC 7 


.0110 


Adopt 


16 NCAC 7 


.0111 


Adopt 


16 NCAC 7 


.0112 


Adopt 



Amend 



DEPARTMENT OF REVENUE 

Change in Ownership 

Refunds 

Refunds to Counties 

Refunds to Hospitals 

Rental of Films 

Commercial Cable Companies 

Exempt Sales 

Receipts of Laundries 

STATE BOARD OF REFRIGERATION EXAMINERS 

Scoring Examinations 

Requirements 

Use of License 



17 NCAC 7B 


.0118 


Amend 


17 NCAC 7B 


.1602 


Amend 


17 NCAC 7B 


.1702 


Amend 


17 NCAC 7B 


.1802 


Amend 


17 NCAC 7B 


.3103 


Amend 


17 NCAC 7B 


.3106 


Amend 


17 NCAC 7B 


.4202 


Amend 


17 NCAC 7B 


.4501 


Amend 


21 NCAC 60 


.0204 


Amend 


21 NCAC 60 


.0207 


Amend 


21 NCAC 60 


.0314 


Amend 



NC CERTIFICATION BOARD FOR SOCIAL WORK 

Examination Fee 



21 NCAC 63 .0306 



Amend 



NC STATE BOARD OF COMMUNITY COLLEGES 

Limitations in Reporting 
Student Refund 



23 NCAC 2D .0325 
23 NCAC 3A .0113 



Amend 
Adopt 



RULES REVIEW OBJECTIONS 

BOARD OF DENTAL EXAMINERS 

21 NCAC 16H .0104 - Approved Education and Training Programs 

Agency Revised Rule 
21 NCAC 16H .0202 - Specific Permitted Functions of Dental Assistant I 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Management 

15A NCAC 2B .0101 - General Procedures 
No Response from Agency 
Agency Responded 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 



09/19/96 
10/17/96 
09/19/96 
10/17/96 



07/18/96 
08/15/96 
09/19/96 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1315 



RULES REVIEW COMMISSION 



Rule Returned to Agency Obj. Cont'd 09/19/96 

Agency Filed Rule for Codification Over RRC Objection Eff. 10/01/96 

15 A NCAC 2B .0103 - Analytical Procedures RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

Agency Revised Rule Obj. Cont'd 09/19/96 

Rule Returned to Agency Obj. Cont'd 09/19/96 

Agency Filed Rule for Codification Over RRC Objection Eff. 10/01/96 

15 A NCAC 2B .0109 - Waters Affected by Dredge and Fill Activities RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

Obj. Removed 09/19/96 

15 A NCAC 2B .0201 - Antide gradation Policy RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

Agency Responded Obj. Cont'd 09/19/96 

Rule Returned to Agency Obj. Cont'd 09/19/96 

Agency Filed Rule for Codification Over RRC Objection Eff. 10/01/96 

15A NCAC 2B .0202 - Definitions RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

Agency Revised Rule Obj. Cont'd 09/19/96 

Rule Returned to Agency Obj. Com 'd 09/19/96 

Agency Filed Rule for Codification Over RRC Objection Eff. 10/01/96 

15 A NCAC 2B .0231 - Wetland Standards (Rule .0231 was Noticed as Rule .0220) RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

Agency Responded Obj. Cont'd 09/19/96 

Rule Returned to Agency Obj. Cont 'd 09/19/96 

Agency Filed Rule for Codification Over RRC Objection Eff. 10/01/96 

15A NCAC 2C .0211 - Permits RRC Objection 08/15/96 

Agency Revised Rule Obj. Removed 09/19/96 

15A NCAC 2C .0213 - Additional Criteria and Standards Applicable to Class 5 Wells RRC Objection 08/15/96 

Agency Revised Rule Obj. Removed 09/19/96 

15 A NCAC 2C .0214 - Abandonment and Change-of-Status of Wells RRC Objection 08/15/96 

Agency Revised Rule Obj. Removed 09/19/96 

15A NCAC 2H .0501 - Purpose RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

Agency Responded Obj. Cont'd 09/19/96 

Rule Returned to Agency Obj. Cont'd 09/19/96 

Agency Filed Rule for Codification Over RRC Objection Eff. 10/01/96 

15 A NCAC 2H .0502 - Application RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

Agency Responded Obj. Cont'd 09/19/96 

Rule Returned to Agency Obj. Cont'd 09/19/96 

Agency Filed Rule for Codification Over RRC Objection Eff. 10/01/96 

15A NCAC 2H .0503 - Public Notice RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

Agency Responded Obj. Cont'd 09/19/96 

Rule Returned to Agency Obj. Cont'd 09/19/96 

Agency Filed Rule for Codification Over RRC Objection Eff. 10/01/96 

15 A NCAC 2H .0504 - Hearing RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

Agency Responded Obj. Cont 'd 09/19/96 

Rule Returned to Agency Obj. Cont 'd 09/19/96 

Agency Filed Rule for Codification Over RRC Objection Eff. 10/01/96 

15A NCAC 2H .0506 - Criteria for Review of Applications RRC Objection 07/18/96 

No Response from Agency Obj. Cont'd 08/15/96 

Agency Revised Rule Obj. Cont 'd 09/19/96 

Rule Returned to Agency Obj. Cont 'd 09/19/96 

Agency Filed Rule for Codification Over RRC Objection Eff. 10/01/96 

ISA NCAC 2H .0507 - Issuance of Certification RRC Objection 07/18/96 



1316 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



RULES REVIEW COMMISSION 



No Response from Agency 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 

Commission for Health Services 

15 A NCAC 13C .0302 - General Provisions 

No Response from Agency 
15 A NCAC 13C .0304 - Minimum Qualifications for Registered Env. Consultants 

No Response from Agency 
15 A NCAC 13C .0306 - Technical Standards for Registered Environmental Consultants 

No Response from Agency 
15A NCAC 18A .3106 - Abatement 

Agency Revised Rule 

Wildlife Resources Commission 

15 A NCAC 10F .0104 - Certificate of Number 

Agency Revised Rule 
15A NCAC 10F .0105 - Numbering Pattern 

Agency Revised Rule 

HUMAN RESOURCES 



Obj. Cont'd 08/15/96 

Obj. Cont'd 09/19/96 

Obj. Cont'd 09/19/96 

Eff. 10/01/96 



RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 
07/18/96 
08/15/96 



07/18/96 
08/15/96 
07/18/96 
08/15/96 



Facility Services 

10 NCAC 3R .0305 - Filing Applications 

Rule Withdrawn by Agency 
10 NCAC 3R .1003 - State Medical Facilities Plan 

Rule Withdrawn by Agency 
10 NCAC 3R .1127 - Required Staffing and Staff Training 

Rule Withdrawn by Agency 
10 NCAC 3R .2410 - Information Required of Applicant 
10 NCAC 3R .2412 - Staffing and Staff Training 
10 NCAC 3R .2510 - Information Required of Applicant 
10 NCAC 3R .2512 - Staffing and Staff Training 
10 NCAC 3R .2612 - Information Required of Applicant 
10 NCAC 3R .3030 - Facility and Service Need Determinations 
10 NCAC 3R .3040 - Reallocations and Adjustments 
10 NCAC 3R .3050 - Policies 
10 NCAC 3U .0102 - Definitions 

10 NCAC 3U .0704 - Preservice Requirements for Administrators 
10 NCAC 3U .0710 - Preservice Requirements for Teachers and Aides 
10 NCAC 3U .2701 - Application for Permits 

10 NCAC 3U -2702 - Criminal Record Check Requirements for Child Care Providers 
10 NCAC 3U .2703 - Criminal Record Check Reqs for Current Child Care Providers 
10 NCAC 3U .2704 - Criminal Record Check Reqs for Nonregistered Home Providers 

Social Services Commission 

10 NCAC 41F .0707 - Criminal Histories 

No Response from Agency 

Agency Revised Rule 
10 NCAC 41 F .0813 - Criminal History Checks 

No Response from Agency 

Agency Revised Rule 
10 NCAC 41 F .0814 - Training Requirements 

No Response from Agency 

Agency Revised Rule 





10/17/96 




10/17/96 




10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


10/17/96 


RRC Objection 


07/18/96 


Obj. Cont'd 


08/15/96 


Obj. Removed 


09/19/96 


RRC Objection 


07/18/96 


Obj. Cont'd 


08/15/96 


Obj. Removed 


09/19/96 


RRC Objection 


07/18/96 


Obj. Cont'd 


08/15/96 


Obj. Removed 


09/19/96 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1317 



RULES REVIEW COMMISSION 



INSURANCE 

11 NCAC 20 .0101 - Definitions 

Agency Revised Rule 
11 NCAC 20 .0402 - Organization Structure 

Agency Revised Rule 
11 NCAC 20 .0404 - Application 

Agency Revised Rule 
11 NCAC 20 .0406 - Provider Files 

Agency Revised Rule 
11 NCAC 20 .0501 - Program 

Agency Revised Rule 
11 NCAC 20 .0502 - Structure 

Agency Revised Rule 
11 NCAC 20 .0505 - Quality of Care Complaints 

Agency Revised Rule 
11 NCAC 20 .0701 - Accessibility of Providers 

Agency Withdrew Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 



EXAMINERS FOR NURSING HOME ADMINISTRATORS 

21 NCAC 37H .0102 - Continuing Education Programs of Study 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



07/18/96 
08/15/96 



PSYCHOLOGY BOARD 

21 NCAC 54 . 1901 - Types 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



08/15/96 
09/19/96 



REVENUE 

17 NCAC 1C .0504 - EFT General Requirements 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



08/15/96 
09/19/96 



BOARD FOR LICENSING OF SOIL SCEENTISTS 

21 NCAC 69 .0102 - Duties of Officers 

Agency Revised Rule 
21 NCAC 69 .0302 - Definitions 

Agency Revised Rule 
21 NCAC 69 .0303 - Requirements 

Agency Revised Rule 
21 NCAC 69 .0304 - Units 

Agency Revised Rule 
21 NCAC 69 .0305 - Determination of Credit 

Agency Revised Rule 
21 NCAC 69 .0307 - Exemptions 

Agency Revised Rule 
21 NCAC 69 .0401 - Code of Professional Conduct 

Agency Revised Rule 
21 NCAC 69 .0402 - Rules of Conduct of Advertising 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 
09/19/96 
10/17/96 



TRANSPORTATION 



Division of Highways 

19A NCAC 2D .1102- Definitions 

Agency Revised Rule 
19A NCAC 2D .1108- Goals 

Agency Revised Rule 
19 A NCAC 2D .1111 - Performance Related Replacement of Eligible Firms 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



08/15/96 
09/19/96 
08/15/96 
09/19/96 
08/15/96 
09/19/96 



1318 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



RULES REVIEW COMMISSION 



Division of Motor Vehicles 

19 A NCAC 3E .0511 - Registration of Interstate Authority- 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



09/19/96 
10/17/96 



Public Transportation and Rail Division 

19A NCAC 6B .0412 - Procurements 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



08/15/96 
09/19/96 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1319 



CONTESTED CASE DECISIONS 



J. his Section contains the fall text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are fded under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



i 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 
JULIAN MANN, in 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMIN ISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 
Meg Scott Phipps 



Robert Roosevelt Reilly Jr. 
Dolores Nesnow Smith 
Thomas R. West 



AGENCY 



CASE 

NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

Douglas J. Register v. Department of Administration 
Purchase and Contract 

Budd Seed. Inc. v. Department of Administration 
ALCOHOLIC BEVERAGE CONTROL COMMISSION 



96 DOA 0172 



96 DOA 0281 



Reilly 



Chess 



08/16/96 



09/19/96 



Osama Arafat Sadar v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. James Eads Sprowles 
Cole Entertainment, Inc. v. Alcoholic Beverage Control Commission 
Fuad Saif Murshed v. Ale. Bev. Ctl. Comm. & Durham Mem. Bapt. Ch. 
Alcoholic Beverage Control Commission v. Tremik. Inc. 
Alcoholic Beverage Control Commission v. Maria Virginia Tramontano 
Alcoholic Beverage Control Commission v. Huffman Oil Co., Inc 
Pinakin P. Talate v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission V. Entrepreneur, Inc. 
Alcoholic Beverage Control Commission v. Zell, Inc. 
Alcoholic Beverage Control Commission v. Henry Franklin Gurganus 
Andrew Parker v. Alcoholic Beverage Control Commission 
Barraq Sabri Alquza v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Partnership T/A T &. L Groceries 
Alcoholic Beverage Control Commission v. Cashion's Food Mart, Inc. 
Alcoholic Beverage Control Commission v. E.K.'s D, Inc. Carl E. Collins 
Bro Bee, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Donald Ray Doak 
Alcoholic Beverage Control Commission v. Janice Lorraine Jeter 
Alcoholic Beverage Control Commission v. Well Informed. Inc. 
Alcoholic Beverage Control Commission v. Kubbard, Inc. 
Alcoholic Beverage Control Commission v. Slemmermans's. Inc. 
George Wright and Alice Ramsuer v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Commission v. Bayron Green 



95 ABC 0721 


Gray 


07/09/96 




95 ABC 0883* 7 


Gray 


07/10/96 




95 ABC 0917 


West 


08/21/96 


11:12 NCR 1027 


95 ABC 0922 


Chess 


04/24/96 




95 ABC 0925 


Morrison 


03/25/96 




95 ABC 


1200 


West 


04/23/96 




95 ABC 


1251 


West 


04/03/96 


11:03 NCR 166 


95 ABC 


1329 


West 


04/10/96 




95 ABC 


1363 


Reilly 


05/02/96 




95 ABC 


1366 


West 


06/17/96 




95 ABC 


1389 


West 


04/01/96 




95 ABC 


1402 


Phipps 


03/27/96 




95 ABC 


1424 


Phipps 


04/03/96 




95 ABC 


1443 


West 


03/26/96 




95 ABC 


1444 


Gray 


03/13/96 




95 ABC 


1458 


Chess 


08/12/96 




95 ABC 


1480 


West 


04/15/96 




95 ABC 


1488 


West 


03/29/96 




96 ABC 0013 


Reilly 


04/26/96 




96 ABC 0016 


Chess 


05/28/96 




96 ABC 0017 


Reilly 


05/20/96 




96 ABC 0018 


Chess 


05/28/96 




96 ABC 0058 


Becton 


04/16/96 




96 ABC 0097 


Becton 


08/23/96 





1320 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



CONTESTED CASE DECISIONS 



AGENCY 



Alcoholic Beverage Control Commission v. Robert Montgomery McKnight96 
Gerald Audry Sellars v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Jacqueline Robin Anthony 
Alcoholic Beverage Control Commission v. Factory Night Club, Inc. 
Alcoholic Beverage Control Commission v. C.N.H. Enterprises, Inc. 
Alcoholic Beverage Control Commission v. Millicent J. Green 
Ghassan Hasan Issa v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Abdelhakeem Muraweh Saleh 96 
Alcoholic Beverage Control Commission v. Triangle Drive-In 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Beroth Oil Company 
Alcoholic Beverage Control Commission v. Giles Rozier 
Alcoholic Beverage Control Commission v. Clifton Franklin Smith 
Alcoholic Beverage Control Comm. v. Crown Central Petroleum Corp. 
Dilthra Smith Patton v. Alcoholic Beverage Control Commission 
Virginia Caporal v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. James Eads Sprowles 
Alcoholic Beverage Control Commission v. Chae Ypo Chong 
Alcoholic Beverage Control Commission v. Albert S. Carter 
Alcoholic Beverage Control Comm. v. Centergrove Entertainment Ent. 
Joseph Marcel Etienne v. Alcoholic Beverage Control Commission 
Louis Corpening v. Alcoholic Beverage Control Commission 
HARB Inc. v. Alcoholic Beverage Control Commission 

COMMISSION FOR AUCTIONEERS 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


t96 ABC 0135 


Phipps 


05/09/96 


96 ABC 0160 


Beclon 


06/25/96 


96 ABC 0184 


Phipps 


05/09/96 


96 ABC 0226 


Phipps 


08/02/96 


96 ABC 0232 


Becton 


07/09/96 


96 ABC 0234 


Ncsnow Smith 


06/13/96 


96 ABC 0256 


Morrison 


05/23/96 


96 ABC 0381 


Chess 


08/27/96 


96 ABC 0443 


Reilly 


06/11/96 


96 ABC 0447 


Morrison 


08/30/96 


96 ABC 0448 


Morrison 


08/30/96 


96 ABC 0449 


Morrison 


08/30/96 


96 ABC 0450 


Morrison 


08/30/96 


96 ABC 0473 


Morrison 


09/19/96 


96 ABC 0474 


Reilly 


08/12/96 


96 ABC 0482 


Morrison 


10/18/96 


96 ABC 0505 


Morrison 


08/06/96 


96 ABC 0507 


Becton 


10/04/96 


96 ABC 0526* 7 


Gray 


07/10/96 


96 ABC 0530 


Morrison 


10/29/96 


96 ABC 0534 


Morrison 


08/05/96 


96 ABC 0583 


Reilly 


08/12/96 


96 ABC 0718 


Phipps 


10/17/96 


96 ABC 0985 


Gray 


09/26/96 


96 ABC 1124 


Phipps 


10/23/96 



PUBLISHED DECISION 
REGISTER CITATION 



11:08 NCR 564 



11:13 NCR 1085 



John W. Foster v. Auctioneer Licensing Board 
Barry G. York v. Auctioneer Licensing Board 

DEPARTMENT OF CORRECTION 

James J. Lewis v. Department of Correction 
CRIME CONTROL AND PUBLIC SAFETY 



96 CFA 0201 
96 CFA 0297 



96 DOC 0772 



Phipps 
Nesnow Smith 



West 



05/06/96 
10/18/96 



09/05/96 



Roland Lee Kelly, Jr. v. United Family Services, Victim Assistance/Crime 95 

Victims Compensation Comm. 
Robert F. Bronsdon v. Crime Victims Compensation Commission 
Helen B. Hunter-Reid v. Crime Victims Compensation Commission 
Deborah C. Passarelli v. Crime Victims Compensation Commission 
Kenneth Saunders v. Victims Compensation Commission 
Franklin McCoy Jones v. Crime Victims Compensation Commission 
Ruby H. Ford v. Crime Victims Compensation Commission 
Manuel Cervantes v. Victims Compensation Fund 
Sheila Carol Blake v. Victims Compensation Commission 
James T. Mungo v Victims Compensation Commission 
Jerome Crutchfield v. CPS, Victims Compensation Commission 
William Theodore Frazier v. Crime Victims Compensation Commission 
Emma Coble v. Crime Victims Compensation Commission 
Donna Williams v. Crime Victims Compensation Commission 
Anthony P. Dawkins v. Crime Victims Compensation Commission 
Shirley M. King v. Crime Victims Compensation 

Mark Matthews for Child Victim v. Crime Victims Compensation Comm. 96 
Clara Durham v. Victims Compensation 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



95 CPS 0568 


Morrison 


05/29/96 




95 CPS 1216 


Chess 


05/28/96 




95 CPS 1336 


Nesnow Smith 


03/29/96 


11:02 NCR 93 


95 CPS 1399 


Reilly 


07/18/96 


11:09 NCR 814 


95 CPS 1445 


Chess 


03/26/96 




96 CPS 0056 


Nesnow Smith 


07/03/96 




96 CPS 0110 


Reilly 


04/18/96 




96 CPS 0118 


Chess 


03/19/96 




96 CPS 0280 


West 


07/10/96 




96 CPS 0333 


Reilly 


07/09/96 




96 CPS 0340 


Phipps 


09/05/96 




96 CPS 0435 


Chess 


08/22/96 




96 CPS 0468 


Chess 


09/25/96 




96 CPS 0493 


Morrison 


06/13/96 




96 CPS 0716 


Reilly 


08/16/96 




96 CPS 0802 


West 


08/08/96 




96 CPS 0832 


Becton 


08/20/96 




96 CPS 0906 


Phipps 


09/23/96 





Gribble &. Assoc. & Four Seasons Car Wash v. EHNR 

Wilton Evans v. Environment, Health, & Natural Resources 

David Martin Shelton v. Rockingham County Dept/Public Health, EHNR 

Kinston Urological Associates, P. A. v. N.C. Cancer Program 

Kinston Urological Associates, P. A. v. N.C. Cancer Program 

Elsie & Tony Cecchini v. Environment, Health, & Natural Resources 

United Organics Corporation v. Environment, Health, & Natural Res. 

Gerald Mac Clamrock v. Environment, Health, & Natural Resources 

John Milazzo v. Environment, Health, & Natural Resources 



95 EHR 0576 


Gray 


04/25/96 






95 EHR 0843 


Reilly 


07/17/96 






95 EHR 0941 


West 


05/01/96 






95 EHR 1198* 2 


Nesnow Smith 


03/27/96 


11:02 NCR 


97 


95 EHR 1199* 2 


Nesnow Smith 


03/27/96 


11:02 NCR 


97 


95 EHR 1240 


Reilly 


04/22/96 






96 EHR 0064 


Nesnow Smith 


07/01/96 






96 EHR 0168 


Phipps 


05/06/96 






96 EHR 0644 


Reilly 


08/13/96 







11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1321 



CONTESTED CASE DECISIONS 



AGENCY 



Wayne Marshall, Prcs. Metro Area Dev.. Inc. v. EHNR 
David J. Mohn v. Environment, Health, & Natural Resources 



CASE 
NUMBER 



96 EHR 0826 
96 EHR 0947 



ALJ 



West 
Nesnow Smith 



DATE OF 
DECISION 



10/01/96 
10/04/96 



PUBLISHED DECISION 
REGISTER CITATION 



< 



Coastal Resources 

Martin W, Synger v. Division of Coastal Management 95 EHR 1006 

J. E. Smith Construction Co. v. Division of Coastal Management 96 EHR 0074 

Theodore D. Barns v. Town of Long Beach, NC & Coastal Mgmt, EHNR96 EHR 0277 

Environmental Health 

Forest Gate Motel v. Environment, Health, and Natural Resources 96 EHR 0076 

Paradise Ridge Home Owners by Anne Norburn v. EHNR, Env. Health 96 EHR 0162 

Environmental Management 



Frank A. Comber & Sons Well Drilling, Inc. v. Env. Mgmt., EHNR 
Herman E. Smith v. Division of Environmental Management 
Conover Lumber Co., Inc. v. EHNR, Division of Environmental Mgmt. 
City of Reidsville, a Municipal Corp. v. EHNR, Environmental Mgmt. 
Jack West d/b/a Jack West Tree Service v. Environmental Mgmt. Comm. 
The Smithfield Packing Co., Inc., v. EHNR. Environmental Mgmt. 
and 
Citizens for Clean Industry, Inc. and Bladen Environment 
Rayco Utilities, Inc. v. EHNR, Division of Environmental Management 
Clover M Farms, Inc. v. EHNR, Division of Environmental Management 
Providence Glen Associates v. Environmental Management. EHNR 
Overcash Gravel & Grading Co., Inc. v. Division of Environmental Mgmt 



Land Resources 

K&G Properties, Inc. v. EHNR, Division of Land Resources 95 EHR 1078 

Marine Fisheries 



Chess 


05/13/96 


Nesnow Smith 


02/23/96 


West 


05/09/96 



West 
Phipps 



06/17/96 
05/06/96 



95 EHR 0048 


Phipps 


09/20/96 


11:14 NCR 1191 


95 EHR 0962 


West 


04/30/96 




95 EHR 1081 


Reilly 


04/12/96 




95 EHR 1335 


Gray 


10/01/96 


11:15 NCR 1249 


95 EHR 1421 


Morrison 


04/08/96 




95 EHR 1474 


West 


07/03/96 




96 EHR 0367 


Beclon 


10/04/96 




96 EHR 0405 


Beaton 


06/10/96 




96 EHR 0648 


Bee ton 


08/12/96 




96 EHR 0990 


West 


10/29/96 





Nesnow Smith 



03/25/96 



Robert I. Swinson, Sr. v. EHNR, Health & Nat. Res., Marine Fisheries 95 EHR 0320 
Grayden L. Fulcher and Michael Styron, Sr. v. Div. of Marine Fisheries 96 EHR 0003 
Johnny R. Stotesberry v. Marine Fisheries Commission 96 EHR 0072 



Chess 


03/29/96 


11:03 NCR 


168 


Reilly 


03/06/96 






Gray 


08/19/96 


11:11 NCR 


955 



96 EHR 1116 
96 EHR 1131 



95 EHR 1 190** 

96 EHR 0554* 4 



95 EHR 0870 



Radiation Protection 

Marsha L. Powell v. EHNR, Division of Radiation Protection 
Nancy S. Webb v. EHNR, Division of Radiation Protection 

Solid Waste Management 

R. Donald Phillips v. EHNR, Solid Waste Management Division 
R. Donald Phillips v. EHNR, Solid Waste Management Division 

W1C Program 

Lazelle Marks V. EHNR, Division of Maternal and Child Health 

Hani Sader v. Nutrition Services, Div/Matemal & Child Health, EHNR 96 EHR 0054 

Bob's Quick Mart, Bobby D. Braswell v. Env.. Health. & Natural Res. 96 EHR 0091 

Lam E. Mis v. USDA-Food/Cons Svc. Cory Mene«s-W]C Prog., EHNR 96 EHR 0164 

Naser H. Hammad v. Dcpt. of Environment, Health. &. Natural Resources 96 EHR 0632 

Jamil M. Saleh v. Dept. of Environment, Health. & Natural Resources 96 EHR 0634 

Khaled M. Alzer v. Dept. of Environment, Health, &. Natural Resources 96 EHR 0721 



EQUAL EMPLO^'MENT OPPORTUNITIES 

Marsha Dianne McKoy v. DHR. DMHDD/SAS, Caswell Center 
Carl D. Davis v. Department of Correction 

HUMAN RESOURCES 



90 EEO 0379 

91 EEO 1101 



Nesnow Smith 
Gray 



Gray 
Gray 



West 

West 

Nesnow Smith 

Phipps 

Reilly 

Phipps 

Reilly 



Chess 
Nesnow Smith 



10/10/96 
10/23/96 



05/22/96 
05/22/96 



03/27/96 
05/22/96 
04/02/96 
03/19/96 
07/09/96 
09/04/96 
07/30/96 



10/08/96 
05/06/96 



Cassandra M. Deshazo v. Christine E. Carroll, Chf Chid Abuse/Neg. Sec. 95 DHR 1410 Phipps 03/28/96 

Medicus Robinson v. Department of Human Resources 96 DHR 0167 Nesnow Smith 04/12/96 



1322 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Division of Child Development 

Molly Fallin v. Department of Human Resources 
Molly Fallin v. Department of Human Resources 
Mary T. Hill v. DHR, Division of Child Development 
Iola Roberson v. DHR, Division of Child Development 
Zannie M. Allen v. DHR, Division of Child Development 

Division of Facility Services 



94 DHR 0872* 3 Gray 

95 DHR 1013*' Gray 
95 DHR 1192 Phipps 

95 DHR 1244 Gray 

96 DHR 0304 Gray 



Eloise Brown v. Dept. of Human Resources, Division of Facility Services 95 DHR 1002 

Harry Martin Bastian v. DHR, Division of Facility Services 96 DHR 0287 

Community Care #2 v. DHR, Division of Facility Services 96 DHR 0934 

Community Care #4 v. DHR, Division of Facility Services 96 DHR 0935 

Certificate of Need Section 



Nash Hospitals, Inc. v. DHR, Div/Facility Services, Cert, of Need Sect. 
Pitt Cty Mem. Hospital, Inc. v. DHR, Div/Facility Sries, Cert/Need Sect. 



05/15/96 
05/15/96 
03/27/96 
05/16/96 
08/15/96 



Phipps 


03/07/96 


West 


08/21/96 


Beaton 


10/16/96 


Becton 


10/16/96 



95 DHR 1 176* 5 


Phipps 


05/23/96 


11:06 NCR 389 


95 DHR 1177* 5 


Phipps 


05/23/96 


11:06 NCR 389 



Group Care Licensure Section 

Alex L. McCall v. DHR, Div/Facility Svcs, Group Care Licensure Sec. 
DHR, Facility Services, Group Care Licensure Sect. v. Petrova Evans 
Leola Barnes. Shaw Family Care v. DHR, Fac. Svcs, Group Care Lie. 
Gracelane Rest Home v. Group Care Lie. Section, Div. of Soc. Svcs. 



95 DHR 1456 


Nesnow Smith 


03/26/96 


96 DHR 0544 


Phipps 


08/21/96 


96 DHR 0626 


West 


10/01/96 


96 DHR 0944 


Becton 


10/16/96 



Medical Facilities Licensure Section 



Deborah Reddick v. Department of Human Resources 

Stacey Yvette Franklin v. Facility Services, Medical Facilities Lie. See. 

Division of Medical Assistance 



96 DHR 0240 
96 DHR 0358 



Reilly 

Morrison 



06/18/96 
05/16/96 



Judy Malcuit, Re Melissa Malcuit v. DHR, Div. of Medical Assistance 96 DHR 0129 
Durham Reg. Hsptl, Behavioral Hlth Svcs. v. Medical Assistance, DHR 96 DHR 0637 
Jerry Heath v. DHR, Division of Medical Assistance 96 DHR 0752 

Division of Social Services 

Crystean Fields v. Department of Human Resources 

Rozena Chambliss v. Department of Human Resources 

Addie & Major Short v. Department of Human Resources 

Mr. and Mrs. Jessie Stevenson v. DHR, Division of Social Services 

William G. Fisher v. DHR, Div of Social Services, Prog Integrity Branch 95 DHR 1234 

Verna F. Nunn v. Department of Human Resources 

Nancy Hooker, Helen Tyndall v. Department of Human Resources 



Child Support Enforcement Section 

Donald E. Rideout Jr. v. Department of Human Resources 
Christopher F. Roakes v. Department of Human Resources 
Claude Eure Jr. v. Department of Human Resources 
Richard R. Fox, Sr. v. Department of Human Resources 
Joselito D. Pilar v. Department of Human Resources 
David Lee Grady v. Department of Human Resources 
Patrick Orlando Crump v. Department of Human Resources 
Peter Robert Kovolsky v. Department of Human Resources 
Tony Lee Zapata v. Department of Human Resources 
Lawrence Dow Dean v. Department of Human Resources 
Carl E. Coffey v. Department of Human Resources 
Keith Dewayne Senters v. Department of Human Resources 
Lonnie Dawes v. Department of Human Resources 
Mickey Turner v. Department of Human Resources 
James Joseph Gallagher v. Department of Human Resources 
James Thomas McRae v. Department of Human Resources 
Vincent E. Koehler v. Department of Human Resources 
David J. Moseley v. Department of Human Resources 



Gray 


06/12/96 


West 


09/20/96 


Ches6 


10/07/96 



95 DHR 1001 


Gray 


07/05/96 


95 DHR 1044 


Nesnow Smith 


03/12/96 


95 DHR 1063 


Morrison 


03/19/96 


95 DHR 1072 


Phipps 


03/15/96 


95 DHR 1234 


Morrison 


03/19/96 


95 DHR 1330 


Gray 


04/11/96 


96 DHR 0155 


Gray 


04/26/96 



95 CSE 0952 


Reilly 




04/18/96 


95 CSE 


1131 


Becton 




05/03/96 


95 CSE 


1155 


Phipps 




06/12/96 


95 CSE 


1169 


Becton 




03/19/96 


95 CSE 


1180 


Chess 




03/01/96 


95 CSE 


1218 


Morrison 




03/26/96 


95 CSE 


1221 


Nesnow Smith 


03/05/96 


95 CSE 


1230 


Beaton 




03/11/96 


95 CSE 


1266 


Gray 




05/02/96 


95 CSE 


1267 


Morrison 




03/29/96 


95 CSE 


1270 


Nesnow Smith 


03/15/96 


95 CSE 


1273 


Phipps 




04/01/96 


95 CSE 


1274 


Nesnow Smith 


06/12/96 


95 CSE 


1278 


Nesnow Smith 


03/14/96 


95 CSE 


1280 


Chess 




03/19/96 


95 CSE 


1296 


Chess 




03/15/96 


95 CSE 


1301 


Phipps 




05/09/96 


95 CSE 


1304 


Chess 




03/29/96 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1323 



COSTESTED CASE DECISIOSS 



AGENCY 



Derrick L. Convene v. Department of Human Resources 
Charles Edward Smith v. Department of Human Resources 
Kevin Vereen v. Department of Human Resources 
James Curtis Witwer v. Department oi Human Resources 
Thornell Bowden v. Department of Human Resources 
Henry S. Sada v. Department of Human Resources 
Charles F. Moore v. Department of Human Resources 
Daniel Leslie Baker v. Department of Human Resources 
Kenneth L. Lindsey v. Department of Human Resources 
John L. Pike v. Department of Human Resources 
Wra. R. Evans v. Department of Human Resources 
Rory J. Curry v. Department of Human Resources 
Lorin A Brown v. Department of Human Resources 
Marcus Anthony Butts v. Department of Human Resources 
Cynthia Pinder v. Department of Human Resources 
Rhonnie J Williams v. Department oi Human Resources 
Ramon Domenech v. Department of Human Resources 
Lennard J Watson v. Department of Human Resources 
Dennis L, McNeill v. Department oi Human Resources 
Tony A. Rogers v. Department of Human Resources 
Rick E- Atkjns v. Department of Human Resources 
Timothy A. Ratley iJeanesi v, Department of Human Resources 
Richard E. Reader v. Department oi Human Resources 
Wendel McDonald v. Department oi Human Resources 
Wilbur Dewayne Bault v. Department of Human Resources 
Reginald B Bratton Sr. v. Department oi Human Resources 
James C. Smith v. Department ot Human Resources 
Ronald D Johnson v, Department of Human Resources 
Johnny Leary v. Department of Human Resources 
Jimmy Strickland v. Department of Human Resources 
John W. Scott v. Department of Human Resources 
Calvin S. Austin v. Department oi Human Resources 
Derek Henslec v Department of Human Resources 
Donald L. Carr, Jr. v. Department of Human Resources 
Norman Way-caster v. Department oi Human Resources 
Andre Duncan v. Department of Human Resources 
Lorenzo Wilson v. Department of Human Resources 
Mark Kevin Burns v, Department of Human Resources 
Cyril Lloyd Payne v. Department of Human Resources 
Charles H Johnson v. Department of Human Resources 
Willie James Myers v Department oi Human Resources 
Christopher F. Byrne v. Department of Human Resources 
Richard Painall Burch v. Department oi Human Resources 
Charles Gillispie v. Department oi Human Resources 
Teresa Reynolds v. Department oi Human Resources 
Thornell Bowden v. Department of Human Resources 
Kenneth Edward Burns v Department ot Human Resources 
Carl R Ritter v Department of Human Resources 
William Charles Rorie v, Department of Human Resources 
Leon Gibson v. Department of Human Resources 
Dioni Delvalle, D v. Department of Human Resources 
Gerald Roger Beachum Jr. v. Department oi Human Resources 
Anderson I. Wardlow v. Department of Human Resources 
Darnel J Carter v. Department of Human Resources 
Kelvin Tarlton v. Department of Human Resources 
Steven Craig Mooney v Department oi Human Resources 
John L. Cherry Jr. v. Department of Human Resources 
Arthur Jemerson v. Department oi Human Resources 
Michael S. Covington v. Department ot Human Resources 
Gary Steele v. Department of Human Resources 
Terry Sealey v. Department of Human Resources 
Jackie L. Kopczick v. Department of Human Resources 
Virginia McDowell Ramsey v. Department of Human Resources 
D. Wayne Gray v. Department of Human Resources 
Claude R Anderson v. Department oi Human Resources 
Alan Kendell Locklear v. Department of Human Resources 
Douglas F McBryde v Department of Human Resources 
Thomas White v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


95 CSE 


1308 


Reilly 


03/13/96 


95 CSE 


1309 


West 


03/07/96 


95 CSE 


1315 


Phipps 


05/06/96 


95 CSE 


1331 


Beaton 


03/26/96 


95 CSE 


1345 


Momson 


03/07/96 


95 CSE 


1367 


Nesnow Smith 


03/21/96 


95 CSE 


1369 


Chess 


03/27/96 


95 CSE 


1373 


Momson 


03/12/96 


95 CSE 


1375 


West 


06/24/96 


95 CSE 


1376 


Nesnow Smith 


03/21/96 


95 CSE 


1377 


Becton 


03/11/96 


95 CSE 


1380 


Mann 


03/15/96 


95 CSE 


1382 


Reilly 


04/18/96 


95 CSE 


1405 


Nesnow Smith 


03/27/96 


95 CSE 


1406 


Beaton 


03/11/96 


95 CSE 


1407 


Chess 


05/06/96 


95 CSE 


1408 


Phipps 


03/11/96 


95 CSE 


1414 


Mann 


08/23/96 


95 CSE 


1435 


Becton 


03/13/96 


95 CSE 


1436 


Chess 


05/16/96 


95 CSE 


i437 


Phipps 


04/01/96 


95 CSE 


1465 


Momson 


03/26/96 


95 CSE 


1469 


Nesnow Smith 


04/29/96 


95 CSE 


1470 


Becton 


07/29/96 


95 CSE 


1475 


West 


03/13/96 


96 CSE 0002 


Mann 


08/23/96 


96 CSE 


0034 


Gra> 


05/10/96 


96 CSE 


0084 


Nesnow Smith 


03/27'96 


96 CSE 0085 


Becton 


05/03/96 


96 CSE 0119 


Chess 


07/08/96 


96 CSE 0130 


Mann 


03/15/96 


96 CSE 0140 


Phipps 


05/17/96 


96 CSE 0188 


Reilly 


05/17/96 


96 CSE 0200 


West 


05/30/96 


96 CSE 0245 


Becton 


05/16/96 


96 CSE 0249 


Chess 


09/25/96 


96 CSE 0257 


Phipps 


05/06/96 


96 CSE 0271 


Morrison 


06/24/96 


96 CSE 0272 


Reilly 


05/31/96 


96 CSE 0295 


West 


07/15/96 


96 CSE 0299 


Becton 


07/19/96 


96 CSE 0336 


Chess 


06/26/96 


96 CSE 0339 


Phipps 


06/27/96 


96 CSE 0365 


Mann 


07/23/96 


96 CSE 0369 


Gray 


07/23/96 


96 CSE 0370 


Momson 


05/17/96 


96 CSE 0379 


Reilly 


07/18/96 


96 CSE 0380 


West 


05 '08/96 


96 CSE 0388 


Nesnow Smith 


08/01/96 


96 CSE 0389 


Becton 


07/02/96 


96 CSE 0407 


Chess 


07/17/96 


96 CSE 0411 


Phipps 


06/24/96 


96 CSE 04i2 


Mann 


08/05/96 


96 CSE 0417 


Gray 


06.24/96 


96 CSE 0424 


Momson 


05/29/96 


96 CSE 0425 


Reilly 


07/08/96 


96 CSE 0426 


West 


06/24/96 


96 CSE 0427 


Nesnow Smith 


08/01/96 


96 CSE 0428 


Becton 


08/02/96 


96 CSE 0429 


Chess 


08/26/96 


96 CSE 0430 


Phipps 


05/29/96 


96 CSE 0431 


Mann 


06/05/96 


96 CSE 0464 


Gray 


08/02/96 


96 CSE 0465 


Momson 


08/02/96 


96 CSE 0502 


Reilly 


07/22/96 


96 CSE 0503 


West 


05/30/96 


96 CSE 0518 


Becton 


08/19/96 


96 CSE 0519 


Chess 


08/29/96 



PUBLISHED DECISION 
REGISTER CITATION 



1324 



XORTH CAROLIXA REGISTER 



Xovember 15, 1996 



11:16 



CONTESTED CASE DECISIONS 



AGENCY 



James Trevor Emerson v. Department of Human Resources 

Ray Davis Hood v. Department of Human Resources 

Leon McNair v. Department of Human Resources 

John William White v. Department of Human Resources 

Hazel L. Walker v. Department of Human Resources 

Tayloria Y. Manns v. Department of Human Resources 

Carl S. McNair v. Department of Human Resources 

David Agurs v. Department of Human Resources 

King Sanders Jr. v. Department of Human Resources 

Sandra Kay Carpenter v. Department of Human Resources 

Christopher Clyde Barrino Jr. v. Department of Human Resources 

Clinton Sutton v. Department of Human Resources 

Dave L. James v. Department of Human Resources 

Jonathan Bernard Copper v. Department of Human Resources 

Lisa Privette v. Department of Human Resources 

Franklin D. Deese v. Department of Human Resources 

Jan Smith Osborne v. Department of Human Resources 

Mark Allen Rose Sr. v. Department of Human Resources 

Mark P. Crosby v. Department of Human Resources 

Renee G. Arriola v. Department of Human Resources 

Isaac Massey Jr. v. Department of Human Resources 

Darryl Leon White v Department of Human Resources 

Philip Purnell v. Department of Human Resources 

Edwin Southards v. Department of Human Resources 

Mary Vanover v. Department of Human Resources 

Cabot S. Pollard v. Department of Human Resources 

Timothy P. Ruth v. Department of Human Resources 

Melinda S. Tunner v. Department of Human Resources 

Jeanne G. Bishop v. Department of Human Resources 

Rebecca Beaver v. Department of Human Resources 

Vivian B. White v. Department of Human Resources 

Mary R. Mahon v. Department of Human Resources 

Mary R. Mahon v. Department of Human Resources 

Laura Heidorf v. Department of Human Resources 

Lois Floyd Barber v. Department of Human Resources 

Debra D. Hammonds v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


96 CSE 0545 


Phipps 


07/25/96 


96 CSE 0547 


Mann 


09/12/96 


96 CSE 0557 


Morrison 


08/08/96 


96 CSE 0558 


Reilly 


08/14/96 


96 CSE 0559 


West 


06/24/96 


96 CSE 0564 


Nesnow Smith 


08/15/96 


96 CSE 0568 


Becton 


06/24/96 


96 CSE 0580 


Chess 


06/13/96 


96 CSE 058 1 


Phipps 


08/22/96 


96 CSE 0595 


Gray 


08/29/96 


96 CSE 0603 


Morrison 


08/26/96 


96 CSE 0629 


Reilly 


08/29/96 


96 CSE 0638 


West 


07/15/96 


96 CSE 0642 


Phipps 


09/03/96 


96 CSE 0651 


Beeton 


09/30/96 


96 CSE 0690 


Mann 


07/23/96 


96 CSE 0703 


Gray 


10/04/96 


96 CSE 0732 


Morrison 


09/30/96 


96 CSE 0733 


Reilly 


09/30/96 


96 CSE 0790 


Becton 


08/14/96 


96 CSE 0844 


Phipps 


10/25/96 


96 CSE 0845 


Mann 


10/29/96 


96 CSE 0878 


Phipps 


10/25/96 


96 CSE 0968 


Gray 


10/25/96 


96 CSE 0981 


Morrison 


10/24/96 


96 CSE 1012 


Reilly 


10/28/96 


96 CSE 1086 


Becton 


10/30/96 


95 DCS 0921 


Morrison 


05/09/96 


95 DCS 0958 


West 


04/04/96 


95 DCS 1114 


Reilly 


04/26/96 


95 DCS 1115 


Phipps 


06/04/96 


95 DCS 1137* 6 


Chess 


06/11/96 


95 DCS 1142*' 


Chess 


06/11/96 


96 DCS 0065 


Reilly 


03/22/96 


96 DCS 0176 


Gray 


07/30/96 


96 DCS 0792 


Chess 


10/08/96 



PUBLISHED DECISION 
REGISTER CITATION 



INSURANCE 



Carol M. Hall v. Teachers &. State Employees Comp. Major Medical Plan 95 INS 1 141 
Arthur Wayne Dempsey v. Department of Insurance 95 INS 1255 

Deborah B. Beavers v. Teachers &. St. Emp. Comp. Major Med Plan 95 INS 1411 

Nadia A. Hakim v. Department of Insurance 95 INS 1422 

Kathleen D. Jarvis v. Teachers & St. Emp. Comp. Major Med. Plan 96 INS 0075 

Mary Alice Casey v, Department of Insurance 96 INS 0148 



Phipps 

Nesnow Smith 
Nesnow Smith 
Nesnow Smith 
Morrison 
Reilly 



04/01/96 
04/22/96 
05/10/96 
03/26/96 
10/16/96 
08/14/96 



11:05 NCR 308 



JUSTICE 



Wendy Atwood v. Department of Justice (Company Police Program) 96 DOJ 0111 Chess 

Deborah K. Torrance v. Company Police Program Administrator 96 DOJ 0363 Becton 



08/07/96 
08/14/96 



Education and Training Standards Division 



Freddie Levem Thompson v. Criml. Justice Ed. & Training Stds. Comm. 

Shane Douglas Crawford v. Sheriffs' Ed. & Training Stds. Comm. 

Charles Henry Daniels v. Cnml. Justice Ed. & Training Stds. Comm. 

Valerie Maxine Brewington v. Criml. Justice Ed. & Training Stds. Comm. 

Patricia Josephine Bonanno v. Sheriffs' Ed. & Training Stds. Comm. 

Douglas Allan Stuart v. Sheriffs' Ed. & Training Stds. Comm. 

Rick M. Evoy v. Criminal Justice Ed. & Training Stds. Comm. 

Windell Daniels v. Criminal Justice Ed. &. Training Stds. Comm. 

Gregory Lee Daughtridge v. Sheriffs' Ed. &. Training Stds. Comm. 

Sherrie Ann Gainey v. Sheriffs' Ed. & Training Stds. Comm. 

Stuart Hugh Rogers v. Sheriffs* Ed. & Training Stds. Comm. 

Brian Thomas Craven v. Sheriffs' Ed. & Training Stds. Comm. 

Larry D. Weston v. Sheriffs' Ed. & Training Stds. Comm. 

Carlton Gerald v. Criminal Justice Ed. &. Training Stds. Comm. 

Ken Montie Oxendine v. Criminal Justice Ed. &. Training Stds. Comm. 



95 DOJ 073 1 


Chess 


02/29/96 


95 DOJ 0943 


Reilly 


05/17/96 


95 DOJ 1070 


West 


06/12/96 


95 DOJ 1 129 


Nesnow Smith 


04/12/96 


95 DOJ 1152 


Chess 


03/25/96 


95 DOJ 1189 


Morrison 


06/06/96 


95 DOJ 1235 


Chess 


03/25/96 


95 DOJ 1320 


Gray 


07/24/96 


96 DOJ 0027 


Reilly 


03/19/96 


96 DOJ 0028 


Becton 


08/09/96 


96 DOJ 0029 


West 


06/18/96 


96 DOJ 0036 


Gray 


07/09/96 


96 DOJ 0037 


Nesnow Smith 


06/12/96 


96 DOJ 0068 


Gray 


03/26/96 


96 DOJ 0071 


West 


03/28/96 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1325 



CONTESTED CASE DECISIONS 



AGENCY 



James Leon Hunt v. Criminal Justice Ed. & Training Slds. Comm. 
David Kent Knight v. Sheriffs' Ed. & Training Stds. Comm. 
Demetrius Arnez Brown v. Criminal Justice Ed. & Training Stds. Comm. 
Claude F. Nunnery v. Sheriffs' Ed. & Training Stds. Comm. 
John Charles Maloney v. Sheriffs' Ed. &. Training Stds. Comm. 
Jimmie L. Cooper v. Sheriffs' Ed. & Training Stds. Comm. 
Jerry Glenn Monette v. Sheriffs' Ed. &. Training Stds. Comm. 
Carlton Gerald v. Criminal Justice Ed. &. Training Stds. Comm. 
Woodrow Andrew Clark v. Criminal Justice Ed. & Training Stds. Comm. 
Warren Scott Nail v. Criminal Justice Ed. & Training Stds. Comm. 
Zoriana Lyczkowski v. Sheriffs' Ed. & Training Stds. Comm. 
George Willie Gilliam v. Sheriffs' Ed. & Training Stds. Comm. 
Glenn R. Brammer v. Sheriffs' Ed. & Training Standards Comm. 
Timothy Wayne Fulford v. Sheriffs' Ed. & Training Slds. Comm. 
Brent Lee Millsaps V. Sheriffs' Ed. & Training Stds. Comm. 

Private Protective Services Board 

Timothy A. Hawkins v. Private Protective Services Board 
William F. Combs v. Private Protective Services Board 
Randy C. Hoyle v. Private Protective Services Board 
Robert A. Gibson v. Private Protective Service* Board 
Jimmy D. Matthews v. Private Protective Services Board 
Johnnie Lee King v. Private Protective Services Board 
Thomas R. Harris v. Private Protective Services Board 
Private Protective Services Board v. Henry E. Byrd, Jr. 
Larry Boggs v. Private Protective Services Board 
Private Protective Services Board v. Charles T. Mathis 
Private Protective Services Board v. Ricky C. Mullinax 
Private Protective Services Board v. Michael A. Smith 



CASE 






DATE OF 


NUMBER 


ALJ 




DECISION 


96 DOJ 0077 


Phipps 




07/25/96 


96 DOJ 0115 


West 




03/28/96 


96 DOJ 0138 


Becton 




08/09/96 


96 DOJ 0305 


Gray 




08/28/96 


96 DOJ 0306 


Nesnow S 


inith 


08/16/96 


96 DOJ 0352 


Morrison 




07/12/96 


96 DOJ 0420 


Morrison 




07/26/96 


96 DOJ 0432 


Becton 




08/07/96 


96 DOJ 0515 


West 




10/07/96 


96 DOJ 0576 


Becton 




08/07/96 


96 DOJ 0619 


Morrison 




10/21/96 


96 DOJ 0656 


Morrison 




08/02/96 


96 DOJ 0839 


Nesnow Si 


:n i in 


09/05/96 


96 DOJ 0840 


Nesnow Si 


nith 


09/16/96 


96 DOJ 0841 


Chess 




09/24/96 



PUBLISHED DECISION 
REGISTER CITATION 



95 DOJ 1419 


West 


04/12/96 


96 DOJ 0022 


West 


03/22/96 


96 DOJ 0024 


Nesnow Smith 


06/10/96 


96 DOJ 0386 


Nesnow Smith 


07/03/96 


96 DOJ 0676 


ReiUy 


07/11/96 


96 DOJ 0677 


Reilly 


07/11/96 


96 DOJ 0761 


Reilly 


07/11/96 


96 DOJ 0796 


Mann 


08/19/96 


96 DOJ 0797 


Morrison 


10/10/96 


96 DOJ 0798 


Mann 


08/27/96 


96 DOJ 0800 


Becton 


10/04/96 


96 DOJ 0801 


Becton 


10/09/96 



i 



11:10 NCR 874 



MEDICAL BOARD 

Medical Board v. Martin A. Hatcher, M D 

PUBLIC INSTRUCTION 

Lavern K. Suggs v. NC Board of Education 

J.T.S. & T.S., Parents of E. M.S. v. Chapel Hill-Carrboro City Schl. Sys. 

L.O. v. Charlotte-Mecklenburg Board of Education 

Candyce Ewanda Newsome v. Hertford County Board of Education 

W. and G.B., on Behalf of C.B. v. Winston-Salem/Forsyth Cty. Schools 

Cyvonne Rush Bryant v. NC State Board of Education 

Steve Wright Brown v. State Board of Education 

Blaise Malvcau v. Cumberland County Board of Education 

Blaise Malvcau v. Cumberland County Board of Education 

John Barlow v. Watauga County Board of Education 

John L. Archer v. Department of Public Instruction 

Pamela F. Cummings v. Department of Public Instruction 

Susie Whitley/Brandon Whitley v. Charlotte-Mecklenburg Bd. of Ed. 

Michael Wayne Geter v. Charlotte-Mecklenburg School Board 

STATE PERSONNEL 



92 BME 0510 



Gray 



06/28/96 



95 EDC 0383 


Nesnow 


Smith 


03/13/96 


95 EDC 1194 


Mann 




04/12/96 


96 EDC 0285 


Mann 




05/31/96 


96 EDC 0344 


Chess 




05/15/96 


96 EDC 0349 


Mann 




09/03/96 


96 EDC 0591 


Becton 




09/11/96 


96 EDC 0593 


Reilly 




10/11/96 


96 EDC 0613 


Chess 




08/14/96 


96 EDC 0614 


Chess 




08/14/96 


96 EDC 0623 


Reilly 




07/24/96 


96 EDC 0678 


Nesnow 


Smith 


08/02/96 


96 EDC 0742 


Nesnow 


Smith 


08/16/96 


96 EDC 0964 


Chess 




09/17/96 


96 EDC 1036 


West 




09/23/96 



11:08 NCR 555 



11:01 NCR 50 



Department of Administration 

Jimmie A. Hughes, Jr. v. Department of Administration 96 OSP 0008 

Jonathan L. Fann v. Department of Administration, Admin. Personnel 96 OSP 0042 

Carlton Gerald v. State Capitol Police, Department of Administration 96 OSP 01 16 

Administrative Office of the Court 

Ethel R. Tyson v NC Judicial Dept , Administrative Office of the Court 96 OSP 0080 

Albemarle Mental Health Center 

Judy A. Gordon v. Albemarle Mental Health Center 96 OSP 0354 



Reilly 


07/23/96 


Gray 


05/24/96 


Gray 


04/25/96 



Nesnow Smith 



Chess 



03/15/96 



10/17/96 



1326 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Appalachian Stale University 

Janice S. Walton v. Appalachian Si University, Claude Cooper, Bill Ragan96 OSP 0062 West 

Janice S. Carroll v. Appalachian St University, Claude Cooper, Bill Ragan96 OSP 0063 West 

Theresa Louise Whittington v. Applachian State University 

A & T State University 

Joey M. Carey v. A & T State University 

Caldwell County 

Blake C. Pace v. Caldwell County 

Catawba County Mental Health 

Tonyer J. Ruff v. Catawba County Mental Health 

JVC Central University 

Francina Y. Tate v. Chancellor Julius L. Chambers, NC Central Univ. 
Renee Lynch v. NC Central University 

Central North Carolina School for the Deaf 

Felicia S. Milton v. Central North Carolina School for the Deaf 



96 OSP 0350 



96 OSP 0393 



96 OSP 0047 



96 OSP 0951 



95 OSP 1432 
95 OSP 1461 



95 OSP 1241 



Nesnow Smith 



West 



Morrison 



Becton 



Nesnow Smith 
Nesnow Smith 



Chess 



03/13/96 
03/07/96 
10/09/96 



10/10/96 



04/01/96 



10/22/96 



04/22/96 
10/03/96 



05/17/96 



11:15 NCR 1255 



Department of Correction 

Haydee Craver v. Department of Correction, Pender Correctional Inst. 95 
Gregory Allen Jones v. Department of Correction, Supt. Bonnie Boyette 95 
Carolyn Cheek v. Department of Correction 95 

Calvia L. Hill v. Department of Correction, McCain Correctional Hospital 95 

96 
96 
96 
96 
96 
96 
96 



Alisha Louise Staley v. Randolph Correctional Center 

Brenda Propst v. Foothills Correctional Institution 

Delon D. Solomon v. Department of Correction 

Alisha Louise Slaley v. Randolph Correctional Center 

Ann Williams v. Department of Correction 

Haydee C. Craver v. Department of Correction, Christopher Phillips 

Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

v. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

v. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

v. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

v. Department of Correction 
Dwight Taylor, Mike Estep, Jackie Boone, Robert Pitman, Jeffery Clark 

v. Department of Correction 
Rebecca A. Faison v. Department of Correction for Women 
Calvia L. Hill v. Department of Correction, McCain Correctional Hospital 96 
James A. Klein v. Department of Correction 96 

Tony R. Broffman v. Department of Correction 96 

Mary Hargraves v. Department of Correction 96 

Michael S. Doe v. Caswell Center 96 

Timothy L. Willis v. Caswell Correctional Center 96 

Alisha Louise Slaley v. Randolph Correctional Center 96 

Sharon Oxendine v. Department of Correction 96 



96 



90 



96 



96 



96 



OSP 1046 
OSP 1290 
OSP 1441 
OSP 1460 
OSP 0092 
OSP 0199 
OSP 0258 
OSP 0261 
OSP 0279 
OSP 0348 
OSP 0372* 8 

OSP 0373* 8 

OSP 0374* 8 

OSP 0375* 8 

OSP 0376* 8 

OSP 0383 
OSP 0397 
OSP 0434 
OSP 0625 
OSP 0674 
OSP 0691 
OSP 0715 
OSP 0780 
OSP 0999 



Department of Crime Control and Public Safety 

Jerry Lee Fields v. State Highway Patrol 94 OSP 1174*'° 

Gene Wells v. Crime Control & Public Safety, State Highway Patrol 95 OSP 0249*' 

Hear! Oxendine v. Crime Control & Public Safety, St. Highway Patrol 95 OSP 0697 

Jerry Lee Fields v. State Highway Patrol 95 OSP 0836* 10 

Gene Wells v. Crime Control & Public Safety, State Highway Patrol 95 OSP 1050*' 



Gray 

Phipps 

Nesnow Smith 

Gray 

Gray 

Morrison 

West 

Morrison 

Phipps 

Phipps 

Nesnow Smith 

Nesnow Smith 

Nesnow Smith 

Nesnow Smith 

Nesnow Smith 

Becton 

Gray 

Gray 

Becton 

Nesnow Smith 

Phipps 

West 

Nesnow Smith 

Becton 



Gray 

Nesnow Smith 
Nesnow Smith 
Gray 
Nesnow Smith 



03/12/96 
05/14/96 
09/19/96 
05/17/96 
06/03/96 
04/09/96 
07/02/96 
08/05/96 
10/31/96 
05/15/96 
07/05/96 

07/05/96 

07/05/96 

07/05/96 

07/05/96 

10/01/96 
08/15/96 
10/29/96 
08/29/96 
09/05/96 
09/23/96 
07/30/96 
10/16/96 
10/22/96 



08/05/96 
07/23/96 
10/16/96 
08/05/96 
07/23/96 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1327 



CONTESTED CASE DECISIONS 



95 OSP 0176 



CASE 
AGENCY NUMBER 

Durham County Health Department 

Lylla D. Stockton v. Durham County Health Department 

East Carolina University 

Gregory Lapicki v. East Carolina University 94 OSP 1721 

Bela E. Karvaly, Ph.D. v. ECU Bd. of Trustees, Ch. Richard R. Eakin 96 OSP 0150 

Employment Security Commission 

Gene S. Baker v. Gov. James B. Hunt, Jr., Ann Q. Duncan, Chairman, 93 OSP 0707 

Employment Security Commission 

William Herbert Allen v. Employment Security Commission 94 OSP 1688 

Patricia Gary v. Employment Security Commission 95 OSP 0793 

Tonderlier Lynch v. Emp. Security Comm., Austin Quality Foods, Inc. 96 OSP 0275 

Department of Environment, Health, and S'atural Resources 

Roberta Ann "Robin" Hood v. Environment, Health, &. Natural Resources 95 OSP 0035 
Kathy B. Vinson v. Dept. of Environment, Health, & Natural Resources 95 OSP 0203 
Donald E. Batts v. Division of Adult Health, EHNR 95 OSP 1071 

Fayetteville State University 

William C. Neal v. Fayetteville State University 95 OSP 0392 

Guilford County Area Menial Health, Developmental Disabilities and Substance Abuse 

Stuart Klatte v. Guilford Cty Area MH/DD/SAS, St. Per Comm, OSP 95 OSP 1179 

Department of Human Resources 

Ophelia Webb v. Edard R. Inman, Dir. Alamance Cry DSS, Alamance 96 OSP 0112 

Cty DSS, Alamance County, and DHR 
Gatl Marie Rodgers Lincoln v. DHR, DMH/DD/SAS-Cherry Hosp.. 

Cherry Hospital 
Cynthia D. Hickman v. DHR, Central School for the Deaf 
Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Mary A. Boogaerts v. Cherry Hospital, Goldsboro, NC 
Kelvin Parter v. Dorothea Dix Hospital 

Johnny Earl Young v. Unit Head Director of Food & Nutrition 
Johnny Earl Young v. Unit Head Director of Food & Nutrition 

Kim A. Bell v. Walter B. Jones Alcohol & Drug Abuse Treatment Center 96 OSP 0597 
Lynn S. Hales v. John Umstead Hospital 
Deborah Ayala v. DHR/DSS/Child Support Enforcement 

Buncombe County Department of Social Ser\ices 

Kathy Davis v. Buncombe County Department of Social Services 95 OSP 1487 

Caswell Center 



AU 



West 



Reilly 
Chess 



Nesnow Smith 



Nesnow Smith 



West 



DATE OF 
DECISION 



07/02/96 



09/26/96 
05/08/96 



PUBLISHED DECISION 
REGISTER CITATION 



04/22/96 



07/19/96 



96 OSP 0112 


Gray 


03/13/96 


96 OSP 0159 


Chess 


06/17/96 


96 OSP 0191 


Becton 


09/23/96 


96 OSP 0217 


Reilly 


08/13/96 


96 OSP 0269 


Becton 


05/29/96 


96 OSP 0294 


Chess 


08/07/96 


96 OSP 0543 


Reilly 


07/09/96 


96 OSP 0590 


Reilly 


07/09/96 


96 OSP 0597 


Becton 


09/11/96 


96 OSP 0729 


West 


10/02/96 


96 OSP 1062 


Nesnow Smith 


10/29/96 



08/09/96 



{ 



Becton 


05/16/96 


11:05 NCR 300 


West 


06/11/96 




Chess 


05/14/96 




Chess 


05/21/96 





Reilly 


04/09/96 




Gray 


09/18/96 


11:13 NCR 1087 


Nesnow Smith 


10/01/96 





11:10 NCR 865 



Ramona C. Jenkins v. Department of Human Resources, Casweii Center 89 OSP 041 1 

Ramona C. Jenkins v. Department of Human Resources, Caswell Center 91 OSP 0522 

Franklin D. Sutton v. Department of Human Resources, Caswell Center 94 OSP 0766 

Durham County Department of Social Senices 

Jan E. Smith v. Durham County Department of Social Services 95 OSP 1 121 

Halifax County Department of Social Senices 

Clairbel Thomas v. Halifax County DSS & Director, Halifax County DSS 95 OSP 0905 

Haywood County Department of Social Senices 

Carol Hubbard v. Haywood County Department of Social Services 95 OSP 1084 



Becton 
Becton 
Nesnow Smith 



West 



Reilly 



03/26/96 
03/26/96 
03/21/96 



05/24/96 



05/29/96 



08/30/96 



11:02 NCR 89 



11:06 NCR 395 



11:13 NCR 1092 



1328 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



CONTESTED CASE DECISIONS 



AGKNCV 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Division of Medical Assistance 
Harold Wiggins v. Division of Medical Assistance 

O 'Berry Center 
Samuel Geddie v. O'Berty Center 

Rockingham County Department of Social Sendees 
Lorretta Lawson v. Rockingham County DSS 

Vance County Department of Social Services 
Robert Eugene Davis v. Vance County Department of Social Services 

Wake County Department of Social Services 
Phylis Gilbert v. Wake County Department of Social Services 

Wilson County Department of Social Services 

Karen R. Davis v. Wilson County Department of Social Services 

Department of Insurance 

Larry W. Creech v. Department of Insurance 

Department of Labor 

Kevin P. Kolbe, Sr. v. Department of Labor 

New Hanover County Board of Health 

Tabandeh Zand v. New Hanover County Board of Health 

Department of Public Instruction 

Johnny Leak v. Public Schools of NC, Dept. of Public Instruction 
McLennard Jay v. Person County Schools 

Sandhill Community College 

Earl Levon Womack v. Sandhill Community College Bd. of Trustees 

Office of the State Controller 

Angela M. Terry v. Office of the State Controller 

North Carolina State University 

Vernell Mitchell v. North Carolina Cooperative Extension 

Department of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 

Dorothy J. Grays v. Div. of Motor Vehicles, Dept. of Transportation 

Pearlie M. Simuel-Johnson v. Department of Transportation 

Lisa Ann Lee v. Department of Transportation 

Melvin Duncan v. Department of Transportation 

Greg Brown v. Department of Transportation 

Jesse Wayne Castle v. State Highway Maint., Guess Rd., Durham, NC 

Archie Brooks v. W. F. Rosser, Department of Transportation 

Jessie L. Allen et al. v. DMV Enforcement Section 



95 OSP 1482 West 06/11/96 



96 OSP 0414 Morrison 06/13/96 



96 OSP 0471 West 06/13/96 



96 OSP 0157 Reilly 10/28/96 



95 OSP 1238 Phipps 06/27/96 



96 OSP 0394 Chess 10/16/96 



95 OSP 0631 Reilly 06/06/96 



95 OSP 0968 Morrison 03/14/96 



95 OSP 1035 Nesnow Smith 03/01/96 



96 OSP 0861 Phipps 09/05/96 

96 OSP 0862 Phipps 09/04/96 



96 OSP 0573 Phipps 07/25/96 



96 OSP 0402 Becton 08/07/96 



96 OSP 0132 Gray 05/10/96 



94 OSP 0589* 1 Gray 03/01/96 

94 OSP 1044 Reilly 04/12/96 

95 OSP 0837*' Gray 03/01/96 
95 OSP 1099 Reilly 07/31/96 

95 OSP 1462 Morrison 03/08/96 

96 OSP 0048 Reilly 05/02/96 
96 OSP 0087 Gray 04/15/96 
96 OSP 0239 Nesnow Smith 05/17/96 
96 OSP 0408 Betton 08/12/96 



11:07 NCR 434 



11:01 NCR 58 



11:03 NCR 173 



% Consolidated cases. 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1329 



CONTESTED CASE DECISIONS 



ACENCY 

Dwighl Odcll Graves v. DOT Maintenance, Caswell County 
R.L. Singleton v. Department of Transportation 
Stephanie Taylor v. Department of Motor Vehicles 

Tri-County Mental Health Complex 

Deborah Heil v. Tri-County Mental Health Complex 

University of North Carolina 

Pamela B. Edwards v. University of North Carolina at Chapel Hill 

Keith R. Cameron v. University of North Carolina at Chapel Hill 

Jerel H. Bonner v. School of Nursing UNC at Chapel Hill 

Bela E. Karvaly, Ph.D. v. UNC Bd. of Gov., Pres. CD. Spangler, Jr. 

Carl E. Whigham v. UNC Hospitals at Chapel Hill 

J. Scott Spears v. Ralph Pederson and UNC-C 

Nellie Joyce Ferguson v. UNC Physicians &. Assoc, Charles Foskey, Dir. 

Mae Helen Lewis v. UNC Greensboro - Physical Plant 

Wake County Board of Health 

Debbie L. Whitley v. Env. Health Div. Wake Cty. Dept. of Health 

Western Carolina University 

Kristin K. Parkinson v. Western Carolina University 

STATE TREASURER 



CASE 
NUMBER 



96 OSP 0616 
96 OSP 0683 
96 OSP 0955 



95 OSP 1100 



96 OSP 1090 



96 OSP 0987 



ALJ 



Morrison 

Becton 

Becton 



Nesnow Smith 



95 OSP 0842 


Chess 


95 OSP 1060 


Morrison 


96 OSP 0026 


Gray 


96 OSP 0151 


Chess 


96 OSP 0248 


Chess 


96 OSP 0548 


Chess 


96 OSP 0977 


Phipps 


96 OSP 1000 


Reilly 



Nesnow Smith 



Beaton 



DATE OF 
DECISION 



10/24/96 
08/12/96 
08/29/96 



03/22/96 



06/28/96 
06/24/96 
03/12/96 
05/08/96 
06/11/96 
08/30/96 
10/02/96 
10/21/96 



09/05/96 



10/22/96 



PUBLISHED DECISION 
REGISTER CITATION 



11:13 NCR 1095 



( 



11:01 NCR 61 



Donald B. Durham v. Teachers' & St. Employees Retirement Sys. 
Joyce Clyburn v. Dept. of State Treasurer Retirement Systems Division 

UNIVERSITY OF NORTH CAROLINA 



92 DST 1066 
96 DST 1087 



Chess 
Nesnow Smith 



07/17/96 
10/18/96 



11:09 NCR 810 



Sylvia Jeffries v. University of NC Hospitals at Chapel Hill 

James E. Boudwin v. University of NC Hospitals at Chapel Hill 

Rufus T. Moore Jr. v. UNC Hospital 

Marcia Spruill v. UNC Hospitals - Patient Accounts 

Charles E Houlk v. UNC Hospitals 



96 UNC 0067 


Gray 


04/16/96 


96 UNC 0343 


Chess 


07/22/96 


96 UNC 0470 


Reilly 


08/12/96 


96 UNC 0500 


Becton 


07/10/96 


96 UNC 0588 


Morrison 


08/09/96 



1330 



NORTH CAROLINA REGISTER 



November 15, 1996 



11:16 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



lhe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


!0 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



11:16 



NORTH CAROLINA REGISTER 



November 15, 1996 



1331 



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